Chapter 3 Interactive key cases
Claim before Italian magistrates: no right of appeal as the sum of money concerned was so small.
‘[N]ational courts against whose decisions, as in the present case, there is no judicial remedy, must refer the matter to the Court of Justice.’
Challenge to an Italian levy on imported wool.
Da Costa en Schaake NV v Nederlandse Belastingadministratie (Cases 28–30/62) [1963] ECR 31 – Principle
No obligation to refer if the question is not relevant; there is a previous ruling by the Court of Justice; or the correct interpretation of EU law is acte clair.
Interpretation of [EU] law bore directly on the interpretation of Belgian law.
It is for the national court to determine the relevance of the questions referred.
The facts and questions of interpretation were materially identical to those raised previously in Van Gend.
A previous ruling by the Court of Justice does not preclude a reference.
Foglia v Novello (No 1) (Case 104/79) [1980] ECR 745 and Foglia v Novello (No 2) (Case 244/80) [1981] ECR 3045 – Facts
Challenge in the Italian court to French taxes levied on imported liqueur wine.
Foglia v Novello (No 1) (Case 104/79) [1980] ECR 745 and Foglia v Novello (No 2) (Case 244/80) [1981] ECR 3045 – Principle
No genuine dispute: reference refused.
Köbler claimed that failure to refer deprived him of his [EU] law rights.
State liability in damages would arise if the national court of last resort had failed in its obligations, for instance by misapplying acte clair.
The decision of the Court of Appeal for Western Sweden was subject to appeal to the Swedish Supreme Court, but only with leave from the latter court.
The need for leave to appeal did not preclude a judicial remedy. If a question of EU law arose, the Supreme Court would be obliged to refer, either when considering admissibility or at a later stage.
Reference concerning the Second Banking Directive.
Questions were hypothetical: reference refused.
Status of national courts with regard to appeals from their judgments.
A court or tribunal below the highest court in a Member State can only fall within Article 267 paragraph 3 where there is no possibility of any further appeal from it.
Rheinmühlen-Düsseldorf v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (Case 146/73) [1974] ECR 139 – Facts
A German lower court sought a reference despite a ruling by a higher national court involving questions of [EU] law.
Rheinmühlen-Düsseldorf v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (Case 146/73) [1974] ECR 139 – Principle
National rules of precedent have no impact on the discretion to refer: the ruling of a higher national court on an interpretation of EU law does not preclude a reference from a lower court.
No information provided on the facts and legal background.
National court had supplied insufficient information: reference refused.
Consideration of significance of previous rulings of the Court of Justice when not directly analogous to current case.
Spanish Constitutional Court applied more stringent test as to whether national courts can rely on previous rulings of the Court of Justice.
Consideration of whether Article 50 TEU notice to leave the European Union is revocable.