guide

Exceptions to obligatory reference

The obligation for the highest court to refer may lose its absolute character in a number of cases. However, the courts still have the option of referring in such cases. Acte éclairé The highest court is not under an Sportwetten Vergleich obligation to refer if the question that has arisen has already been answered in an earlier judgment of the Court of Justice. Joined cases 28 30/62, Da Costa et Schaake Case 283/81, CILFIT, para. 14-15 Acte clair The highest court is not obliged to refer either if the question has not yet been answered in the case law of the Court of Justice, but the answer to that question is beyond all doubt. Before it comes to the conclusion that such is the case, the national court or tribunal must be convinced that the matter is equally obvious both to the courts of the other Member States and to the Court of Justice. In this respect the national court should bear in mind that: the interpretation of a provision of EU law involves a comparison of the different language versions of the provision concerned; terms and concepts in EU law do not necessarily have the same Wettanbieter Bonus meaning as the laws of the various Member States; every provision of EU law should be interpreted in the light of EU law as a whole, taking into consideration its objectives and its state of development at the moment of application of the provision in question.