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Case C-110/98 Gabalfrisa [2000]

The Court of Justice found that, in [Art 267 TFEU]’s mention of a national court or tribunal being able to request a preliminary reference; a national court or tribunal would be recognised by the following factors:

  • Whether the body was established by law
  • Whether it is permanent
  • Whether it’s jurisdiction is compulsory
  • Whether disputes are resolved between parties
  • Whether it applies rules of law or not
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