Chapter 10 Self-test questions

The classification of a judicial body under domestic law is not relevant to whether that body is a court or tribunal for the purposes of EU law.

True

False

An arbitration tribunal is within the meaning of 'court or tribunal'.

True

False

The only limit on calling the validity of EU measures into question in a national court is that a national court cannot declare EU measures ________.

Which of the following statements does not describe the true effect of Article 267 TFEU?

Article 267 TFEU allows the CJ to interpret the TFEU.

To pass a judgment on the compatibility of domestic law with EU law.

When to refer or what to refer is solely reserved to national courts.

There are no formal requirements on the framing of the questions.

What are the reasons why the CJ might reject a reference? [Select all that apply]

The CJ does not have an opening for the case to be heard within two years

The referring court has not included sufficient factual or other information to enable the CJ to give a ruling on the question referred

The proceedings are artificial.

The matter is purely internal: while it may concern EU law on some level, there is no cross-border element.

The referring court is the lowest court in that Member State's legal system.

The reference is not, in the view of the CJ, objectively needed to resolve the dispute.

The parties had standing under Article 263 TFEU but did not use it, they instead brought an Article 267 TFEU reference from a domestic court.

The reference concerns a matter on which the CJ itself is unsure.

The CJ decision in Lyckeshog (case C-99/00) is important because:

the CJ adopted the 'concrete theory' which defines the scope of Article 267(3) TFEU.

the CJ adopted the 'abstract theory' which defines the scope of Article 267(3).

a court or a tribunal of a Member State is not under a duty to refer for preliminary rulings matters relating to EU law.

Article 267(3) is not mandatory where a decision on a matter of Union law is not necessary. In CILFIT Sly (Case 283/81) the CJ clarified that there would be no duty to refer if: [Please select all that apply]

the question of EU law is irrelevant.

there has been a previous CJ decision on a slightly similar matter.

the provision has already been interpreted by the CJ, even though the questions at issue are not strictly identical.

The correct application is so obvious as to leave no scope for reasonable doubt.

Courts or Tribunals which do not fall within Article 267(3) TFEU have an ____________ in the matter of referral.

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