Preliminary ruling Flashcards

(9 cards)

1
Q

Which Article allows the Commission to bring infringement actions against MS?

A

Article 258 TFEU

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2
Q

What is Art 267 TFEU concerned about?

A
  • The interpretation of treaties
  • The validity and interpretation of acts of the institutions or agencies of the Union
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3
Q

What does Article263 (2) state?

A

Privileged applicants - ms, European Parliament, the council and the commission

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4
Q

What does article 263 (3) state?

A

Semi-privileged applicants

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5
Q

What does article 263(4) TFEU

A

Non-privileged applicants - any natural or legal persons

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6
Q

What does Direct Concern mean?

A

EU act directly affects the legal situation of the applicant and leaves no discretion to the addresses of the measure, who are entrusted with its implementation

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7
Q

Key case for Direct Concern?

A

Case 41 an 44/70 NV International Fruit Company

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8
Q

What is the primary purpose of the preliminary ruling procedure under Article 267 TFEU?

A

To ensure uniform interpretation and application of EU law across Member States by providing authoritative rulings on questions of interpretation or validity

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9
Q

Which of the following best illustrates the principle of primacy within the EU hierarchy of norms, as established in case law?

A

A regulation adopted by the European Parliament and Council takes precedence over conflicting national constitutional provisions

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