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 practice 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
  • Rules
  • Definitions
  • Why is there a need to make a reference to the Court of Justice?
  • Court of Justice's jurisdiction
  • When can a reference be made to the Court of Justice?
  • Timing of a reference
  • Who decides to make a reference to the Court of Justice?
  • Does an existing reference mean a further reference cannot be made?
  • More...

This Practice Note is for use when making a reference to the Court of Justice on or before IP completion day (31 December 2020 at 11 pm). A reference from the UK cannot be made after this date.

Brexit: The UK's departure from the EU has implications for practitioners considering making a reference to the Court of Justice. Such a reference is made under CPR 68 and associated practice direction which are revoked on IP completion day (31 December 2020 at 11 pm).

For guidance, see:

  1. Practice Note: Brexit post implementation period—CPR changes including, in particular, main section: Part 68—References to the European Court.

  2. News Analysis: Brexit next steps: The Court of Justice of the European Union and the UK

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.

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

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