Judgment of the Court of Justice, CILFIT, Case 283/81 (6 October 1982)

In the CILFIT judgment, the Court of Justice sets limits to the obligation to make a reference for a preliminary ruling, which, according to the third paragraph of Article 177 of the EEC Treaty (now Article 234 of the EC Treaty), falls to the national courts of last instance. Those courts are bound to bring a matter before the Court when, in connection with a case, and irrespective of the considerations of the parties involved, a question arises concerning the interpretation of Community law. It falls to the national judge, therefore, to determine whether the question is relevant.

Source and copyright

Source: Reports of Cases before the Court. 1982. [s.l.].

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