When to refer

Non obligatory reference By virtue of Article 267 (2) TFEU, a national „court or tribunal“ ask the Court to give a preliminary ruling if it considers that a decision on the question is „necessary“ to enable it to give judgment. However, the Court of Justice has decided that a Wettanbieter national court or tribunal must request a preliminary ruling if it considers that an act of the Union is not valid or wishes to prevent its application for that reason. „Court or tribunal“ When assessing whether the referring body is a Sportwetten Gutschein court or tribunal as understood by Article 267 TFEU, the Court of Justice takes into account a number of factors. Case C 54/96, Dorsch Consult, para. 23 Case C 178/99, Doris Salzmann, para. 13-15