Reference to the European Court of Justice—October 2013 changes [Archived]
Reference to the European Court of Justice—October 2013 changes [Archived]

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Reference to the European Court of Justice—October 2013 changes [Archived]

This Practice Note has been archived and is not updated.

From Tuesday 1 October 2013, CPR 68 is being replaced in its entirety. The rationale for this change is to ensure that the CPR provisions take account of changes to the EU Treaties, the new Rules of procedure of the Court of Justice known as the 'European Court Procedure Rules' and document 2012/C 338/01, the updated guidance from the European Court to national courts: 'Recommendations to national courts and tribunals in relation to the initiation of preliminary ruling proceedings' (the Recommendations).

  1. Interpretation (rule 68.1)—the changes are as follows:

    1. reference is made to the 'Court of Justice of the European Union' previously known as the Court of Justice of the European Communities'

    2. an order was defined by reference to specific agreements to which the EU or its Members are parties. Part 68 now simply refers to an order as being an order that refers a question under art 267 of the Treaty on the Functioning of the European Union or as provided for under any agreement to which the European Union or the Member States of the European Union are parties. This change means that any agreements entered into after the date of this CPR amendment will be included within this provision, whereas under the previous provision, they would not have been