jurifast_en

Accelerated preliminary ruling procedure

A simplified procedure may be applied, by virtue of Article 104(3) of the Rules of Procedure of the Court of Justice, when a question referred to the Court for a preliminary ruling is identical to a question on which the Court has already ruled, or where the Court has not yet provided an answer to such a question by there can be no reasonable doubt as to what the answer should be (see acte clair and acte éclairé). The Court shall decide whether these Wettanbieter Ratgeber conditions have been met, after hearing the parties and the Advocate-General. By virtue of Article 104a of the Rules of Procedure, the President may exceptionally decide to apply an accelerated procedure to a reference for a preliminary ruling where the circumstances referred to establish that a ruling on the question put to the Court is a matter of exceptional urgency. The Court of Justice is very reluctant to apply such procedures (a few of the rare examples include cases C-189/01, Jippes, and C-127/08, Metock). In addition, an expedited procedure (PPU) was introduced on 1 March 2008. This procedure is applied for references relating to the areas mentioned in Title V of the third part of the TFEU, namely freedom, security and Gutschein für Sportwetten justice (see Article 23 of the Statute of the Court of Justice and Article 104b of the Rules of Procedure of the Court). (For the first application of PPU, see case C-195/08 PPU, Rinau, para. 43-46, and in criminal law, case C-388/08 PPU, Leyman and Pustarov). Article 267, (4) TFEU provides that if a preliminary question is raised in a case pending before a court or tribunal of a Member State with regard to a person in custody, the Court shall act with the minimum of delay.