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An analysis by Garrigues, Taxand Spain
A recent judgement by the Court of Justice of the European Union (CJEU) examined an issue regarding the operation of national courts in EU countries, especially in Spain’s appeals system. Its judgment explained what national courts must do when they decide not to ask the CJEU for guidance on EU law.
The ruling does not change the existing rules, which allow a refusal when the EU law question is not relevant, the EU court has already ruled on the issue, or the meaning of the law is so clear that there is no reasonable doubt. However, the ruling does strengthen the obligation for courts to explain their decision. It clarifies when courts must give reasons for not referring a question and how detailed those reasons must be, depending on which exception they rely on.
Jesús Cudero Blas and Fernando Brioso De la Rica from our Spanish member firm Garrigues, have provided a detailed analysis of the implications of the judgment, which you can read here.
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