EU Court Jurisdiction

• What article of the Treaty on European Union (TEU) establishes the role of the CJEU?

  Art 19 TEU
• The Court of Justice of the European Union refers to the EU’s court system
• The Court of Justice focuses on interpreting EU law and ensuring its uniform application.
• How many judges are there in the CJEU from each Member State?

  One
• Steps in the CJEU judgment process

  1️⃣ Advocate General provides an opinion

  2️⃣ Court deliberates

  3️⃣ Court issues a unified judgment
• The President of the Court of Justice is Koen Lenaerts
• Advocates General in the CJEU provide legally binding judgments on cases.

  False
• What is the name of the case where a Grand Chamber of 15 judges was convened due to its significance?

  Wightman v Secretary of State
• Enforcement proceedings against Member States for breach of EU law are heard under Arts 258–260 TFEU
• Most cases that come before the CJEU initially start in national courts.
• Where do infringement cases against Member States go directly?

  Court of Justice
• Steps in the preliminary ruling procedure

  1️⃣ National court encounters EU law issue

  2️⃣ National court refers to the CJEU

  3️⃣ CJEU provides an interpretation

  4️⃣ National court applies CJEU ruling
• The preliminary ruling procedure is often referred to as the crown
• In the Van Duyn v Home Office case, the CJEU ruled that a directive provision could be directly effective if it was precise and unconditional
• Is the preliminary ruling procedure an appeal system?

  No
• What type of access to justice does the preliminary reference procedure provide for EU nationals?

  Indirect
• The Simmenthal case established a distinct separation of functions between the CJEU and national courts.
• National courts can refer questions on the validity of EU Treaties to the CJEU.

  False
• What are two key factors national courts consider when deciding whether to refer a question to the CJEU?

  Hierarchy and the question
• A national court against whose decision there is no judicial remedy must refer questions to the CJEU
• In which case did the CJEU decline jurisdiction because the case was artificially contrived?

  Foglia v Novello
• The word 'may' in Art 267(2) TFEU indicates discretion
• What does the term 'may' in Article 267(2) TFEU indicate regarding national courts' discretion to refer questions to the CJEU?

  Discretion to refer
• The term 'must' in Article 267(3) TFEU indicates a duty for certain national courts to refer questions
• National courts are obligated to refer questions about the validity of EU law to the CJEU.
• Which national courts have a duty to refer questions to the CJEU under Article 267(3) TFEU?

  Courts of last instance
• A national court's failure to refer a required question to the CJEU may lead to state liability.
• Exceptions to the duty to refer under Article 267(3) TFEU

  1️⃣ CJEU's answer cannot affect the outcome of the case

  2️⃣ The question has already been definitively answered by the CJEU

  3️⃣ The correct application of EU law is obvious
• What is the name of the case that established the irrelevance exception to the duty to refer?

  C-283/81 CILFIT [1982]
• National courts are not obligated to refer a question to the CJEU if the answer would not affect the outcome of the case.
• The Acte Éclairé Doctrine refers to cases where the question has already been definitively answered by the CJEU
• Which case is associated with the Acte Éclairé Doctrine?

  C-28 to 30/62 Da Costa [1963]
• When a case under the Acte Éclairé Doctrine is referred, the CJEU responds with a reasoned order referring to previous judgments.
• The Acte Clair Doctrine requires that the correct application of EU law is so obvious that no reasonable doubt exists
• What is the Acte Clair Doctrine?

  Obvious application of EU law
• Under the Acte Clair Doctrine, national courts must be convinced that the matter is equally obvious to the courts of other Member States and the CJEU.
• The CJEU emphasized an obligation for courts to provide a statement of reasons for not making a preliminary reference.
• Which case questioned the strict application of the Acte Clair Doctrine?

  C-160/14 Ferreira da Silva
• A preliminary ruling by the CJEU is binding on the national court that made the reference.
• What is the effect of a preliminary ruling on other national courts in the EU?

  Authoritative guidance