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GLOSSARY

EU preliminary ruling definition

Published by a LexisNexis EU Law expert

What does EU preliminary ruling mean?

Preliminary ruling is a decision rendered by the CJEU on a question referred by a court or a tribunal of a member state on the interpretation of Union law or the validity of a Union act.

The CJEU gives a preliminary ruling under the conditions set out in Article 267 TFEU. According to Article 267(1) TFEU, the Court can give a preliminary ruling regarding (i) the interpretation of the Treaties; (ii) the validity and interpretation of acts of Union institutions or entities. Article 267(2) TFEU stipulates that a national court or tribunal may make a reference 'if it considers that a decision on the question is necessary to enable it to give judgment'. However, a request for a preliminary ruling is an obligation for the national courts against whose decision there is no judicial remedy (Article 267(3) TFEU). The CJEU can refuse to give a preliminary ruling when there is no genuine dispute (Case 104/79); or the reference is not made by a court or tribunal of a member state (Case 102/81); or the Court

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