Directory of Case Law on the Preliminary Ruling Procedure

Directory of Case Law on the Preliminary Ruling Procedure

Directory of Case Law on the Preliminary Ruling Procedure

By Rene Barents
Publish Date
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Kluwer Law International
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Article 234 EC ensures that a divergent application of the EC Treaty or of the statutes and acts of its institutions is not allowed in any Member State. Unsurprisingly, its pivotal importance has given rise to a huge number of ECJ judgments and orders – about 700 by the beginning of 2009. Very often, a practitioner needs to establish whether the preliminary ruling procedure called for by Article 234 EC is required in a particular case being pursued in a national court, and any relevant ECJ ruling or order must be located. Herein lies the great value of this book.

Dr Barents’ very useful volume sorts paragraphs of the 700 judgments and orders by subject, making it easy to establish the relevance of a particular Community court ruling to a particular national court proceeding. In this book paragraphs of the judgments and orders are presented in the form of extracts sorted by subject. The subject headings are arranged according to a hierarchical system, descending from such overarching concepts as scope and participation to such precise categories as the following :

  • situations outside the scope of community law
  • bodies not considered to be courts or tribunals
  • arbitration
  • third persons
  • rights of participants
  • formulation of preliminary questions
  • presumption of relevance of a preliminary reference
  • violation of the obligation to refer
  • requirement of a pending dispute
  • interim measures
  • modification of preliminary questions
  • questions rejected by the submitting court
  • new elements presented during the preliminary procedure
  • questions lacking precision
  • retroactive effects of judgments

Paragraphs of judgments relating to more than one subject are included under each relevant heading, where necessary accompanied by cross references to other headings. Under each extract or summary, the judgments and orders are referred to by case number in ascending order. The articles of the EC Treaty are cited according to the new method of citation pursuant to the renumbering of the articles of that treaty brought about by the Treaty of Amsterdam.

There is no doubt that the book’s technique of presenting case law in the form of separate extracts and summaries arranged by topic and sub-topic improves the accessibility of the material. This very practical, time-saving feature will be greatly appreciated by practitioners throughout Europe. This is a reference every European lawyer will want to have on hand.

ISBN: 9789041131508
Pages: 304
SKU: 9041131507
ETA: Available: Item ships in 3-5 Business Days
.Preface. 1. Function and Nature of the Preliminary Ruling Procedure. 2. Scope of Article 234 EC. 3. National Courts or Tribunals. 4. Participation in the Preliminary Ruling Procedure. 5. Entitlement of National Courts to Refer Preliminary Questions. 6. Facultative and Obligatory References. 7. The Decision to Refer. 8. Preliminary Interpretation and Appreciation of Validity. 9. The Court of Justice and the Preliminary Questions. 10. Limits to the Competence to Give a Preliminary Ruling. 11. Obligation and Refusal to Give a Preliminary Ruling. 12. Preliminary Judgment. 13. Article 68 EC and Article 35 TEU. Annex: 1. Treaty Provisions on the Preliminary Ruling Procedure. 2. Protocol on the Statute of the Court of Justice. 3. Rules of Procedure of the Court of Justice. 4. Information Note on References from National Courts for a Preliminary Ruling + Supplement.