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Article 234 EC ensures that a divergent application of the EC Treaty or of the
statutes and acts of its institutions is not allowed in any Member State.
Unsurprisingly, its pivotal importance has given rise to a huge number of ECJ
judgments and orders – about 700 by the beginning of 2009. Very often, a
practitioner needs to establish whether the preliminary ruling procedure
called for by Article 234 EC is required in a particular case being pursued in
a national court, and any relevant ECJ ruling or order must be located. Herein
lies the great value of this book.
Dr Barents’ very useful volume sorts paragraphs of the 700 judgments
and orders by subject, making it easy to establish the relevance of a
particular Community court ruling to a particular national court proceeding.
In this book paragraphs of the judgments and orders are presented in the form
of extracts sorted by subject. The subject headings are arranged according to
a hierarchical system, descending from such overarching concepts as scope and
participation to such precise categories as the following :
situations outside the scope of community law
bodies not considered to be courts or tribunals
rights of participants
formulation of preliminary questions
presumption of relevance of a preliminary reference
violation of the obligation to refer
requirement of a pending dispute
modification of preliminary questions
questions rejected by the submitting court
new elements presented during the preliminary procedure
questions lacking precision
retroactive effects of judgments
Paragraphs of judgments relating to more than one subject are included under
each relevant heading, where necessary accompanied by cross references to
other headings. Under each extract or summary, the judgments and orders are
referred to by case number in ascending order. The articles of the EC Treaty
are cited according to the new method of citation pursuant to the renumbering
of the articles of that treaty brought about by the Treaty of Amsterdam.
There is no doubt that the book’s technique of presenting case law in the form
of separate extracts and summaries arranged by topic and sub-topic improves
the accessibility of the material. This very practical, time-saving feature
will be greatly appreciated by practitioners throughout Europe. This is a
reference every European lawyer will want to have on hand.
.Preface. 1. Function and Nature of the Preliminary Ruling Procedure.
2. Scope of Article 234 EC. 3. National Courts or Tribunals. 4.
Participation in the Preliminary Ruling Procedure. 5. Entitlement of
National Courts to Refer Preliminary Questions. 6. Facultative and
Obligatory References. 7. The Decision to Refer. 8. Preliminary
Interpretation and Appreciation of Validity. 9. The Court of Justice
and the Preliminary Questions. 10. Limits to the Competence to Give a
Preliminary Ruling. 11. Obligation and Refusal to Give a Preliminary
Ruling. 12. Preliminary Judgment. 13. Article 68 EC and Article
35 TEU. Annex: 1. Treaty Provisions on the Preliminary Ruling
Procedure. 2. Protocol on the Statute of the Court of Justice. 3.
Rules of Procedure of the Court of Justice. 4. Information Note on
References from National Courts for a Preliminary Ruling + Supplement.