Results 11 to 20 of about 234 (55)
The relevance of the question referred for a preliminary ruling was interpreted more than forty years ago by the Cilfit judgment and, although the core of such interpretation is maintained, the most recent Consorzio judgment has provided something new in
Edorta Cobreros Mendazona
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Hof van Justitite van de Europese Unie te Luxemburg 6 oktober 2021 (Nr. C-561/19):BNB 2022/48
Zaak Consorzio Italian Management. Cilfit-criteria.
Wattel, P.J.
core +4 more sources
Inter-Environnement Expanded: Another Brick Out of the Wall of EU Law Supremacy?
(Series Information) European Papers - A Journal on Law and Integration, 2017 2(1), 321-327 | European Forum Insight of 29 March 2017 | (Table of Contents) I. Introduction. - II. The legal and factual background of the case. - III.
Giulia Gentile
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(Series Information) European Papers - A Journal on Law and Integration, 2017 2(1), 383-391 | European Forum Insight of 29 March 2017 | (Table of Contents) I. La questione al vaglio della Corte di giustizia. - II.
Federico Pani
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Multilingual Law and Judicial Interpretation in the EU
The purpose of this article is to assess how multilingualism affects judicial interpretation of EU law. In the EU, the European Court of Justice is in the position of having the final say on what EU norms mean.
Tamara Ćapeta
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The unwritten exceptions to the duty to refer upon last instance national courts, most notably the so-called ‘acte clair doctrine’ forged in the wellknown CILFIT ruling, lie at the core of the multilevel composite judicial architecture of the EU ...
Lorenzo Cecchetti, Daniele Gallo
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CILFIT ‘Motionless Titan’ Has Moved, albeit Softly and with Circumspection: Consorzio Italian Management II [PDF]
The unwritten exceptions to the duty to refer, and most notably the so-called ‘acte clair doctrine’ forged in the well-known CILFIT case, have been the subject of much doctrinal attention and severe criticisms. Confronted with a preliminary ruling on the
Lorenzo Cecchetti
core
Abstract In an action for annulment against the European Union (EU) Emissions Trading Directive, both the EU General Court and the Court of Justice of the EU (CJEU) found the claim to be inadmissible because the applicants did not satisfy the infamous Plaumann criteria.
Michael Kalis, Anna‐Lena Priebe
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The impact of EU expansion on the Preliminary Rulings Procedure [PDF]
In CILFIT (case 283/81), the European Court of Justice (ECJ) endorsed the use of the acte clair doctrine – the notion that national courts of “last resort” may decide to refrain from seeking a preliminary ruling under Article 234 (3) EC.
Storey, Tony
core
Abstract This article explores how national judges' reasoning in the preliminary ruling procedure varies depending on the prescriptive clarity of European Union (EU) legal frameworks. Drawing on the logic of appropriateness and the logic of expected consequences, this article formulates hypotheses regarding judges' motivational patterns.
Karin Leijon
wiley +1 more source

