Témoignages Bukro

The logic of preliminary references 

    1. Facts = Situation → ex : your flight is delayed
    2. Law = Application of EU law and not national law
  • Application of the law by national authorities and judges 
  1. Interpretation of the law : by national judges, if doubt on correct interpretation, national judges pauses the national cas and makes a preliminary reference (=question on interpretation) to the Court of Justice, who makes a preliminary ruling (=answer limited to the question asked, not a decision on the case)
  2. Application of the Court of justice’s interpretation : National judge decides the national case using the interpretation given by the Court of Justice