Court of Justice—national references

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This Overview guides practitioners to competition law resources on national references to the Court of Justice, with links to legislation and leading authorities. Preliminary references under Article 267 TFEU are central to the uniform interpretation of Articles 101 and 102 TFEU and related instruments, including Regulation 1/2003 and the Damages Directive 2014/104/EU. National courts may, and courts of last instance must, refer questions of EU law interpretation; they must refer questions on the validity of EU acts, as national courts cannot declare such acts invalid.

Key issues include identifying when a reference is necessary; applying the acte clair and acte éclairé exceptions (CILFIT); framing questions; and managing proceedings while the reference is pending, including stays and interim measures. Practitioners should consider the effect of Article 16(1) of Regulation 1/2003 on parallel Commission proceedings and decisions, and the availability of Commission assistance and observations under Article 15.

References commonly arise in private damages actions and applications for injunctive relief, including questions on limitation, disclosure, passing - on and joint and several liability under the Damages Directive. The Court of Justice’s guidance on admissibility, factual and legal context, expedited...

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