Preliminary ruling

A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law, given in response to a request from a court or tribunal of a European Union Member State. A preliminary ruling is a final determinations of EU law, with no scope for appeal. The ECJ hands down its decision to the referring court, which is then obliged to implement the ruling. If, as in Factortame, the ECJ holds that a Member State's legislation conflicts with EU law, the Member State will be required to 'disapply' such law, but the ECJ may not itself amend the Member State's legislation. Preliminary rulings have traditionally been issued by the ECJ. The Treaty of Lisbon provides that jurisdiction may be delegated the General Court, but this provision has yet to be put into effect. Preliminary Rulings make up the bulk of CJEU business, as few persons have locus standi to litigate in the Luxembourg court. 'Privileged parties' that do have standing include all Member States and EU Institutions, but normally a private person or 'undertaking' will have standing only if they are the addressee of an EU Decision. If a court or tribunal of a Member State finds a provision of EU law to be ambiguous, equivocal or unclear, it may seek a preliminary ruling; and if that court or tribunal is one from which there is no appeal, the court must make an application. In either case, the domestic court be adjourned until the ECJ ruling is issued. The question to the ECJ must be short and succinct, but may be accompanied by documents explaining the context and circumstances of the issue. The ECJ may decline to give judgement in the absence of a genuine dispute, on the basis that it will not consider 'moot points'. Article 267 of the Treaty on the Functioning of the European Union provides: What constitutes a 'court or tribunal' is a matter of Union law and it is not to be determined by reference to national law. In determining whether or not a body is a 'court or tribunal of Member State' the European Courts will take a number of issues into account, namely whether— However, these criteria are not absolute. In Broekmeulen v Huisarts Registratie Commissie the ECJ ruled that a body established under the auspices of the Royal Medical Society for the Promotion of Medicine was a 'court or tribunal' within the meaning of the treaty, even though that society was a private association. Also the Benelux Court of Justice was considered a court within this context, as a court common to several (Netherlands, Belgium, Luxembourg) Member States. Also the Unified Patent Court, as a court common to several Member States is expected to be able to ask prejudicial questions.