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.
References in periodicals archive ?
14 of 2018, announcing the preliminary ruling on the anti-dumping investigation against the imported styrene originating in ROK, Taiwan Region and the U.
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.
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.
This is due partly to the unprecedent number of appeals and references for a preliminary ruling (450).
The court's verdict upheld the preliminary ruling against Nizar Abdul-Rahman al-Jumaihi (Tunisian national) of five years in prison, and to be deported to his country and the three-year sentence in jail against Ibrahim Ali al-Matari (Yemeni).
According to the report, Samsung has submitted the preliminary ruling from the patent office to judge Lucy Koh, who is considering appeals.
ITC preliminary ruling may clear Apple of Samsung patent claims.
The matter is reviewed in connection with a reference for a preliminary ruling from the Bulgarian Commission for Protection against Discrimination about whether the installation of electricity meters at different heights in the districts of Ogosta and Kosharnik in Montana constitutes a discriminatory measure.

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