Administrative, Procedure, Reference for a preliminary ruling to the EU Court of Justice, Court decision, Consequence on the decision of the national court, Tar Catanzaro, sect. I, 16 April 2018, Judgment no. 878

Consequence on the decision of the national judge of the ruling of the EU Court of Justice

The preliminary reference system referred to in Article 267 TFEU clearly divides the tasks of the authorities, giving the EU Court of Justice the role of interpretation of EU law, without attributions in the resolution of the case, and to the national judge the decision-making role of the controversy by virtue of the procedural emergencies and of the internal law, possibly through the non-application of the national law contrary to the law of the union (1).

(1) He clarified the Tar that, with the return of the acts to the Judge a quo and the re-start of the judgment, therefore emerge the autonomy profiles of the national authority which could, returning to the examination of the deeds, also consider the legislative provision to be irrelevant for which the question referred has been raised or questioned by the Court considering the decision unclear (Article 158 Regulation procedure of the Court) or not exhaustive (proposition of further question for a preliminary ruling).

Source Administrative Justice