Abstract
Abstract This chapter addresses the cooperation between Member States’ courts and the Court of Justice in the context of the preliminary reference procedure. There are two points to be noted concerning the nature of the preliminary reference procedure and its relationship to competition law. First, the principal aim of the preliminary ruling and advisory opinion mechanisms is to provide a means of cooperation between the Court of Justice and the Member States. As such, the principal dialogue is between the referring national court or tribunal and the Court of Justice. In the preliminary reference procedure, the Commission holds the same status as any other interested party that is entitled to take part in the proceedings. Second, the procedural rules governing the preliminary ruling procedure remains essentially the same regardless of the subject matter concerned. No special rules apply with respect to cases concerning competition law.
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