preliminary ruling

preliminary ruling

a ruling of the Court of Justice in European Law. The jurisdiction to make such a ruling arises in cases that have not come before the court itself but have arisen in the court of proceedings in national courts. Because community law is law in the Member States, it is necessary that it is not distorted across the Community by uneven interpretation by national courts. A study of the earlier judgments of national courts confirms the tendency of the national courts to take a local view of Community law. Under Community law a national tribunal may request a ruling each and any time it considers that it requires an answer to the interpretation of Community law. If there is no appeal the court must request a ruling. The UK courts recognize the existence of the EC doctrine of acte claire, which is the doctrine that allows a national court to apply its own interpretation of Community law rather than request a preliminary ruling. The Court of Justice has made it plain that the interpretation must be so obvious as to leave no scope for any reasonable doubt. In relation to matters of primary law, for example the treaties, the court may rule only on interpretation; in respect of secondary law, like regulations, the court can also rule on validity. Once the court has ruled, the case is returned to the national court to apply as appropriate.
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Based on preliminary investigation, MOFCOM announced the positive preliminary ruling on March 22, 2019, and made the above final ruling after a series of further investigations.
The Patent Trial and Appeal Board has already indicated in a preliminary ruling that the claims are likely to be found invalid.
The specific iPhone models affected by the preliminary ruling in China are the iPhone 6S, iPhone 6S Plus, iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus and iPhone X.
Scotland's Court of Session said on Thursday it has asked the European Court of Justice (ECJ) for a preliminary ruling on whether the British parliament can change its mind about leaving the European Union without the bloc's agreement.
A preliminary ruling is expected to be made before Oct.
NEXTEEL has maintained that Washington opted to levy duties that were 29.44 percentage points higher than the preliminary ruling because of translation error involving a single phrase.
Last year, another court in Jeddah issued a preliminary ruling confirming the conviction of a Saudi citizen on charges including supporting the Daesh terrorist organization and its activities.
US commerce secretary Wilbur Ross insisted the decision-making process in the States was "fair and open" and noted there was still scope for the preliminary ruling to be altered.
The United States has said in a preliminary ruling that certain carbon and alloy steel cut-to-length plate from 12 countries and regions including China had substantially harmed the U.S.
"The judicial authorities in Sudan issued a preliminary ruling against 46 Egyptian fishermen on board one of the three boats confiscated including imprisonment for one month and fines and confiscation of the fishing boat," he said adding that the ruling will be appealed.
country of origin labeling (COOL) law continue to say almost nothing in public regarding a preliminary ruling issued by the WTO at the end of June.
The court had already indicated in a preliminary ruling in 2012 that the European Stability Mechanism, or ESM, did not violate German law, enabling President Joachim Gauck to ratify the treaty establishing the fund.

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