The article deals with the obligation to refer for a preliminary ruling laid down in the third paragraph of Article 267 TFEU. After recalling the interpretation given by the ECJ in the well-known Cilfit ruling, the article examines the Ferreira da Silva and X judgments, which provide a basis for further discussion and some critical remarks. The consequences of the breach of the said obligation are then scrutinised, with specific regard, first, to State liability for loss or damage caused to individuals as a result of an infringement of EU law by a court or tribunal against whose decisions there is no judicial remedy under national law – taking into account the Ferreira da Silva judgment – and, second, to other possible remedies, including actions before the ECtHR.
Nuove riflessioni sull’obbligo di rinvio pregiudiziale interpretativo alla luce delle sentenze Ferreira da Silva e X
CROCI, FILIPPO
2017-01-01
Abstract
The article deals with the obligation to refer for a preliminary ruling laid down in the third paragraph of Article 267 TFEU. After recalling the interpretation given by the ECJ in the well-known Cilfit ruling, the article examines the Ferreira da Silva and X judgments, which provide a basis for further discussion and some critical remarks. The consequences of the breach of the said obligation are then scrutinised, with specific regard, first, to State liability for loss or damage caused to individuals as a result of an infringement of EU law by a court or tribunal against whose decisions there is no judicial remedy under national law – taking into account the Ferreira da Silva judgment – and, second, to other possible remedies, including actions before the ECtHR.
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