References to the European Court, 2nd Edition

Chapter 1
The Preliminary Reference

INTRODUCTION
EVOLUTION OF THE PRELIMINARY REFERENCE
Community law in the national courts
An appellate system?
Precursors in the Member States
Article 41 ECSC
Article 234 EC
Article 68 EC
Article 35 TEU
Brussels Convention
Lugano Convention
Community Patent Convention
Rome Convention
Other Conventions
European Economic Area Agreement
References to the EFTA Court
References to the European Commission
The Treaty of Nice reforms
PRELIMINARY REFERENCES AND DIRECT ACTIONS
SIGNIFICANCE OF THE PRELIMINARY REFERENCE
Popularity of the procedure
Importance of preliminary rulings
NATIONAL VARIATIONS IN THE USE OF THE REFERENCE
Frequency of references
Courts most likely to refer
Post-accession behaviour
Forum-shopping


Chapter 2
Courts and Tribunals Entitled to Refer

INTRODUCTION
WHETHER A "COURT OR TRIBUNAL"
The Criteria
Criticism of the criteria
Application of the criteria
LOCATION OF COURT OR TRIBUNAL
The Member States
French overseas departments
Overseas countries and territories
Other European territories
Isle of Man and Channel Islands
International courts
Courts of non-Member States
COURTS AND TRIBUNALS WITH NO JURISDICTION
Improperly constituted court or tribunal
Court or tribunal with limited jurisdiction
NON-ARTICLE 234 REFERENCES
Article 35 TEU
ECSC and Euratom Treaties
Brussels Convention
Community Patent Convention
Rome Convention

Chapter 3
Jurisdiction to Refer

INTRODUCTION
PROVISIONS OF COMMUNITY LAW
The Treaties
Conventions between the Member States
Acts of the institutions of the Community
Acts of the European Central Bank
Statutes of bodies established by an act of the Council
International agreements of the Community
Agreements to which the Community is not a party
General principles of law
Provisions of domestic law