40. References to the Court of Justice of the European Union

Abstract

An English court faced with a question of EU law may sometimes decide it itself, or may refer it to the Court of Justice of the European Union (CJEU) in Luxembourg for a preliminary ruling. If a reference is made, the English proceedings will be stayed pending the ruling of the CJEU. Once it is made, the ruling is binding on the English court, but it is only a preliminary ruling, in that the English court is left to apply the ruling to the facts of the case and to give judgment. This chapter discusses the questions which may be referred to the CJEU; mandatory references; discretionary references; procedures in England; procedure in the CJEU; and costs of the parties in seeking a ruling from the CJEU.