PRELIMINARY RULINGS PROCEDURE. Article 234 EC Treaty. Lecture Aims. Understand the purpose of the preliminary rulings procedure Know how the preliminary rulings procedure operates Understand the circumstances in which a preliminary ruling is not ‘necessary’. Overview of procedure.
Article 234 EC Treaty
The validity and interpretation of acts of the institutions (regulations/directives/ decisions)
Not the validity of national law or the compatibility of national law with EC law
Case 26/62VanGend en Loos
Case 6/64 Costa v Enel
Not on the application of the Treaty
Not on the facts of the casePRELIMINARY RULINGS
Paragraph (3) A court shall seek a ruling if the question is raised in a court “against whose decision there is no judicial remedy”ARTICLE 234
Bulmer v Bollinger - “short of the House of Lords, no other English court is bound to refer a question...” per Lord Denning
Case 6/64 Costa v ENEL -”national courts against whose decisions, as in the present case, there is no judicial remedy, must refer the matter to the Court of Justice” ECJ in relation to Italian magistrates’ courtArticle 234 (3)-which courts?