244/80 Foglia v Novello 2 [1981] ECR 3045
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-07 02:20:58 UTC
Judge from Foglia 1 asked the ECJ whether its decision not to give a ruling in that case was consistent with the principle that it was for national judge to determine the facts and the need for a reference.
ECJ held that to confirm its own jurisdiction
ECJ
Says Article 234 is concerned with the division of duties between the national courts and ECJ in a cooperative manner (platitudes, given the conclusion).
National courts need to explain why a reference is ‘necessary’ for it to give judgment.
ECJ doesn’t deliver advisory or hypothetical rulings, and therefore has no jurisdiction to answer a question where there is no real dispute.
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