About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2016-7 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2016)

handle is hein.intyb/rcbjcofi0382 and id is 1 raw text is: VRw Reports of Cases Case C-614/14 Criminal proceedings against Atanas Ognyanov (Request for a preliminary ruling from the Sofiyski gradski sad) (Reference for a preliminary ruling - Article 267 TFEU - Article 94 of the Rules of Procedure of the Court - Content of a request for a preliminary ruling - National rule providing that the national court is to be disqualified because it stated a provisional opinion in the request for a preliminary ruling when setting out the factual and legal context - Charter of Fundamental Rights of the European Union - Second paragraph of Article 47 and Article 48(1)) Summary - Judgment of the Court (Grand Chamber), 5 July 2016 1. Questions referred for a preliminary ruling - Reference to the Court - Content of a request for a preliminary ruling - National legislation providing for the disqualification of the referring court for having set out the factual and legal context of the main proceedings (Art. 267 TFEU; Charter of Fundamental Rights of the European Union, Arts 47, first para., and 48(1); Rules of Procedure of the Court of Justice, Art. 94) 2. Questions referred for a preliminary ruling - Jurisdiction of the national court - Establishing and assessing the facts of the dispute - Alteration of its initial findings after delivery of the Court's judgment - Obligation on the national courts to give full effect to the interpretation of EU law adopted by the Court (Art. 267 TFEU) 3. EU law - Primacy - Contrary national law - Existing rules to be automatically inapplicable - Obligation to modify settled case-law based on an interpretation of national law contrary to EU law (Art. 267 TFEU) 1. Article 267 TFEU and Article 94 of the Rules of Procedure of the Court, read in the light of the second paragraph of Article 47 and of Article 48(1) of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding a national rule which is interpreted in such a way as to oblige the referring court to disqualify itself from a case pending before the Court, on the ground that it set out, in its request for a preliminary ruling, the factual and legal context of that case. In setting out, in its request for a preliminary ruling, the factual and legal context of the main proceedings, a referring court is doing no more than meeting the requirements of Article 267 TFEU and Article 94 of the Rules of Procedure. That being the case, where that referring court presents, in ECLI:EU:C:2016:514 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most