Chapter 3 Multiple choice questions

. What is the Court of Justice's jurisdiction under Article 267 (1) TFEU?

To deliver preliminary rulings on the interpretation of the European Convention on Human Rights.

To deliver preliminary rulings on the interpretation and validity of EU law.

To deliver preliminary rulings on the validity of international agreements.

To deliver preliminary rulings on the interpretation of national law.

. What is the core rationale for the preliminary reference procedure?

The application of the principle of supremacy of EU law.

To provide a right of appeal for individual claimants.

To ensure that Member States comply with their EU obligations.

To ensure the uniform and consistent interpretation of EU law.

. In what circumstances has the Court of Justice refused to accept preliminary references?

When the reference was made by a national court of last instance.

When the reference amounted to an abuse or misuse of procedure.

When the reference concerned the interpretation of the Treaties.

When the reference was made by a national court of first instance.

. Which national courts are obliged to make a reference under Article 267(3)?

Courts whose decisions are not subject to appeal in the particular case in which a question of EU law arises.

Courts of first instance.

Courts occupying the highest position in the national system and whose decisions are never subject to appeal.

Courts martial.

. What term is applied to a provision of EU law whose interpretation is clear?

Ad hoc.

De rigueur.

De minimis.

Acte clair.

. How have the national courts tended to interpret 'acte clair'?

More loosely than CILFIT requires.

According to its meaning under French administrative law.

According to its meaning as enunciated in CILFIT.

More rigorously than CILFIT requires.

. Which courts have a discretion to refer under Article 267(2)?

Only national courts of final appeal.

Only national courts of first instance.

Any national courts.

Only national courts of appeal and final appeal.

. Which of the following statements is correct in relation to the following scenario?

If there has been a previous ruling by the Court of Justice and the facts and questions of interpretation are identical, any national court is precluded from making a reference under Article 267.

False - A previous ruling of the Court of Justice can remove the obligation to refer only if the national court is a court of final instance

False - A previous ruling of the Court of Justice does not always preclude the obligation of a national court to refer, even where the facts and questions of interpretation are identical.

True - A previous ruling by the Court of Justice on the same question always precludes a reference by a national court.

False - A previous ruling by a higher national court on the same question precludes a reference by a national court.

. Which of the following statements is correct?

If the validity of an EU Regulation is being questioned, the national court has a discretion to refer the matter to the Court of Justice.

If the validity of an EU Regulation is being question, a national court of last instance is obliged to refer the matter to the Court of Justice.

If the validity of an EU Regulation is being questioned, a national court is obliged to refer the matter to the Court of Justice.

If the validity of an EU Regulation is being questioned, a national court is obliged to make a reference to the Court of Justice provided one of the parties requests this.

. Which one of the following statements is correct in relation to the scenario set out below?

The Irish High Court would be obliged to follow a previous judgment of the Irish Court of Appeal when interpreting the term 'worker' in Article 45 TFEU.

A previous ruling on interpretation by a higher national court does not preclude a reference by a lower national court.

A national court of first instance is not required to apply the interpretation of EU law provided to it by the Court of Justice in response to a preliminary reference.

A previous ruling on interpretation by the Court of Justice precludes a reference by a national court.

A previous ruling on interpretation by a higher national court precludes a reference by a lower national court.

Chapter 3 Multiple choice questions

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