Enrii
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#1
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#1
hey guys,
High court unlawfully refuses to refer a preliminary ruling request to the European Court of Justice
what case could I use to back up the fact that UK courts are obligated to refer?

Thank you.
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MidgetFever
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Have you checked back through your lecture notes? There's two pretty landmark cases you could use for this.. but I feel like it's something that probably would have been mentioned.

I don't want to straight up suggest the cases because you should be capable of conducting your own research.
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Enrii
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Report Thread starter 6 months ago
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okay, ill try re reading notes again. but over all is the high court obligated to refer?
(Original post by MidgetFever)
Have you checked back through your lecture notes? There's two pretty landmark cases you could use for this.. but I feel like it's something that probably would have been mentioned.

I don't want to straight up suggest the cases because you should be capable of conducting your own research.
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MidgetFever
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(Original post by Enrii)
okay, ill try re reading notes again. but over all is the high court obligated to refer?
Yes, but this obligation lies in a treaty provision. (though there is case-law you can use to back this up too)

Where national law does not offer a remedy, and where this preliminary ruling is necessary for the court to be able to give a judgment, they have to apply for a preliminary ruling.

Unless;
- The question/interpretation is not relevant to the outcome of the case.
- Where the question is materially similar to one in which the interpretation has already been given
- Where applying the EU provision is "so obvious" that there is no room for reasonable doubt. (There's a case that states these qualifications)
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J Papi
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(Original post by Enrii)
x
Threads like these go in the Law Study Help forum
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username3917068
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(Original post by JohanGRK)
Threads like these go in the Law Study Help forum
They should really make you a ‘forum helper’
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J Papi
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#7
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(Original post by Lady Jamie)
They should really make you a ‘forum helper'
more like 'backseat mod' lol

also what help
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