Year: 1989
Type: article
Abstract: THE purpose of this essay is to examine the effect of the seminal decision of the European Court of Justice in the CILFIT case on the practice of the English courts in requesting preliminary rulings under Article 177 of the EEC Treaty.The discussion is divided into two parts.In the first part, the scope of the duty imposed on national courts of last resort by the third paragraph of Article 177 is examined.The leading case on this issue is CILFIT v. Ministry of Health,' although the European Court's A discretion which cannot be fettered by the decisions of superior national courts: Joined Cases28-30/62 [1963] E.
Source: Modern Law Review
Author: Anthony Arnull
Institution: University of Leicester
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W2073280698