Reference to the European Court of Justice—prior to and including transmission
Reference to the European Court of Justice—prior to and including transmission

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

  • Reference to the European Court of Justice—prior to and including transmission
  • Definitions and rules
  • Why is there a need to make a reference to the Court of Justice?
  • When can a reference be made to the Court of Justice?
  • Who decides to make a reference to the Court of Justice?
  • Does an existing reference mean a further reference cannot be made?
  • Does a previous reference mean a further reference cannot be made?
  • Making a reference to the Court of Justice
  • Drafting the reference—general
  • Drafting the reference—translation
  • more

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering making an application for a reference to the Court of Justice. For guidance, see: Cross border considerations—checklist—Brexit—impact on CPR.

Definitions and rules

The CPR provisions for dealing with a reference to the Court of Justice are set out in CPR 68 and associated practice direction, CPR PD 68. The rules were last updated on 6 April 2017—changes to Part 68 and associated practice direction were made in the light of suggestions made by litigators involved in such cases, and by the court itself.

Rules

This Practice Note makes reference to the following:

  1. CPR 68 and CPR PD 68

  2. Rules of Procedure of the Court of Justice—referred to in this Practice Note as Rules of Procedure

  3. Court of Justice Practice Directions to the parties concerning cases brought before the court—referred to in this Practice Note as Court of Justice Practice Directions

  4. Recommendations of the Court of Justice. There are two sets of recommendations:

    1. Recommendations to national courts and tribunals in relation to the initiation of preliminary ruling proceedings (2012/C 338/01)—these are dated 6 November 2012 and are referred to in this Practice Note as Recommendations 2012. These recommendations follow the adoption on 25 September 2012 in Luxembourg of new rules