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Article 267 (Existence of a question : Precedent (court may conclude…

- - - - does it apply rule of law
      - is procedures inter partes
      - is jurisdiction compulsory
      - permanent
      - is it independent
    - - no judicial remedy under national national have obligation to refer
      - aim to prevent body of national case law that is not in accordance with EU being established in a member state
      - some have discretion some are compulsory
      - Costa reference - no right of appeal after, sum to small - no judicial remedy - so reference could be made
      - Lyckeskog -if an appeal court could be overturned by Supreme court not necessary
- - - - ECJ don't have power to declare decisions invalid- uniformly applied validity
    - - regulation reduce stocks of milk powder - plaintiff received community aid did not buy powder, cost disproportionately high - ECJ uniform application imperative - act void - other courts could regard act as void - question can be raised again
- - - - did not want to hinder national courts referring - open and flexible
  - - - ECJ declined to give ruling, first part could have argued tax
      - second reference -
        
        was national judge to determine facts and need for reference
        
        ECJ necessary to give reason why reply to question necessary - no hypothetical questions, can't reply to questions that are not relavent - eCJ ultimatley decides its own jurisdiction