Forskning ved Københavns Universitet - Københavns Universitet


The Preliminaries of a Reference

Publikation: Forskning - peer reviewTidsskriftartikel

On 11th June 2015, the President of the First Chamber of the Court of Justice of the European Union (hereafter: the Court) issued an order to delete the Case C-189/14, Bogdan Chain v. Atlanco Ltd, from the Registry. This comment and the reflection are thus not motivated by a judgment, but rather by the reasons why the Court after an oral hearing held in the presence of the parties and eight intervening Member States, and after hearing the Advocate General did not deliver one. The comment examines the legal framework, as well as the detailed procedural rules and guidelines that govern the cooperation of national courts in the preliminary reference procedure. It highlights the fact that preliminary references can only work when the preliminaries of a reference – the culture of sincere cooperation and litigation, efficient communication and flexible procedural rules – are in place.
TidsskriftEuropean Law Review
StatusAccepteret/In press - 2018

ID: 174191105