References to the Court of Justice of the EU
Produced in partnership with Michala Meiselles of University of Derby
References to the Court of Justice of the EU

The following Public Law guidance note Produced in partnership with Michala Meiselles of University of Derby provides comprehensive and up to date legal information covering:

  • References to the Court of Justice of the EU
  • Overview of the EU based system of cross-court referrals
  • When may or must a court make a reference for preliminary ruling?
  • What is the meaning of ‘court’ in this context?
  • What are the implications of not making a reference for preliminary ruling?
  • Making a reference for a preliminary ruling
  • Intervening/observations in references for a preliminary ruling
  • Costs and legal aid in references for a preliminary ruling

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no longer an EU Member State and its relationship with the EU is governed by the Withdrawal Agreement, which came into effect on 1 February 2020. In accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be treated as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to EU law and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in the Withdrawal Agreement. For background reading, see: Brexit—introduction to the Withdrawal Agreement. We are reviewing our content on the basis of information available and will keep it under review during the implementation period. Meanwhile, for updates on key Brexit developments and the implications for UK lawyers, see: Brexit Bulletin—key updates, research tips and resources. For further guidance, see: Brexit toolkit. You may find it useful to refer to this material before continuing your research.

Where a national court finds interpretation of EU law