jurisprudence_en

Jurisprudence English

According to the Court of Justice it is up to the national courts (both the lower courts and the highest court(s)) to decide whether a preliminary ruling is required. However, a request from a national court may be dismissed by the Court of Justice if: the question is not relevant in the sense that the answer to that question, regardless of what the answer may be, in no way can affect the outcome of the case; the requested interpretation of EU law bears no relationship to the actual facts; the problem is hypothetical; or the Sportwetten Tipps Court has not been provided with the factual or legal material necessary to give a useful answer on the questions submitted. Case C 318/98, Fornasar et autres, para. 27 and 31 Case 283/81, CILFIT, para. 10 Case C 355/97, Landesgrundverkehrsreferent, para. 18-22 Obligatory reference By virtue of Article 267, (3) TFEU, a court is under the obligation to refer where a question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy in domestic law and the answer is necessary for the court to reach a Wettbonus decision.