Revision notes for the EU law module on the GDL at the University of Law. The hyperlinked notes include 7 flowcharts and the corresponding key case law and statutory authorities for the following topics: making references to the ECJ, direct and indirect effect, sex discrimination, free movement of ...
Flowcharts
References to the ECJ
Direct / Indirect Effect
Sex Discrimination
Free Movement of Goods
Free Movement of Workers
Article 101 TFEU
Article 102 TFEU
Key Authorities
References to the ECJ
Direct / Indirect Effect
Sex Discrimination
Free Movement of Goods
Free Movement of Workers
Article 101 TFEU
Article 102 TFEU
All notes correct and Distinction worthy as of
academic year 2019/20
, REFERENCES TO ECJ UNDER ARTICLE 267 TFEU
Is the body a court or tribunal?
Not possible to
Apply Dorsch Consult criteria: NO make a
Is it established by law? reference
Is it permanent? Arbitrators may
Is its jurisdiction compulsory? not make a
Is its procedure inter partes? reference
Does it apply rules of law? (Nordsee)
Is it independent?
YES
Is a decision on a point of EU Law necessary for the judgement?
Apply CILFIT criteria:
Is the ruling relevant to determine the outcome of the case?
Has the matter already been decided by the ECJ?
Is the matter obvious?
YES NO
Is the court of mandatory or Court should not
permissive jurisdiction? make a reference
Mandatory i.e. court of Permissive i.e. court
final instance subject to appeal
MUST make a reference MAY make a reference
See Costa ECJ Guidelines:
References are ‘particularly
useful’ when they are a
new question, relate to a
distinctly new set of facts,
and are of general interest
to the application of EU law
All courts bound by the ruling of the ECJ
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