Case 283/81 CILFIT v Ministry of Health [1982]

This case provided some guidance to national courts and tribunals as to when a matter of EU law may be decided without reference to the Court of Justice of the European Union under [Art 267 TFEU]:

  • It is for the national court to decide whether a question of EU law needs answering necessarily in order for it to provide a judgment
  • There will be no obligation to refer if
    • The question it not relevant to the outcome of the national case
    • The question, or a materially similar question, has previously been answered by the Court of Justice of the European Union
    • The answer is so obvious as to leave no scope for any reasonable doubt over the answer
RELATED CASE  Case 7/68 Commission v Italy (Art Treasures) [1968]

Posted in EU Law Revision Notes.

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