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Seeking a reference to the Court of Justice of the European Union (CJEU)
Practical Law UK Articles 6-385-3324 (Approx. 22 pages)
Seeking a reference to the Court of Justice of the European Union (CJEU)
by Practical Law Public Sector, based on an original by Lucy McLynn, Partner at Bates Wells
| Law stated as at 02 Dec 2020 • England, European Union, Wales |
This article explains what the Court of Justice of the European Union (CJEU) is, why a reference would be made to it and who can make a reference. The article gives examples of questions which might be referred to the CJEU and sets out a brief summary of the procedure to be followed and the effect of a ruling by the CJEU on the question referred.
This note includes references to decisions of the Court of Justice of the European Union (CJEU). For information on the rules in the European Union (Withdrawal) Act 2018 regarding the use of CJEU decisions by UK courts and tribunals after the end of the transition period when interpreting retained EU law, see Practice note, UK law after end of post-Brexit transition period: overview: Use of retained EU case law in interpretation of retained EU law. For an overview of the separate (and limited) circumstances specified by the UK-EU withdrawal agreement in which, after the end of the transition period, the CJEU has jurisdiction and UK courts can refer cases to the CJEU, see Practice note, UK law after end of post-Brexit transition period: overview: CJEU jurisdiction and case law after end of transition period.