International Law

Court's New Information Note on Preliminary References

By Bartolus

The Court of Justice has updated its "Information Note" on preliminary references made by national courts under Article 267 TFEU.

The new Information note takes account of the changes made by the Lisbon Treaty and in particular the exceptions and restrictions to the Court's jurisdiction as provided for in Articles 275 and 276 TFEU and in Article 10 of Protocol (No 36) on Transitional Provisions of the Treaty of Lisbon.

The information note is not binding but merely gives guidance to national courts on whether it is appropriate to make a reference for a preliminary ruling and, should they proceed, to help them formulate and submit questions to the Court.

It replaces the information note published in 2005 and supplements the one published in 2008 dealing with the urgent preliminary reference procedure (see our post on that here).

Full post as published by EU Law Blog on December 10, 2009 (boomark / email).