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EU Law ConcentrateLaw Revision and Study Guide

EU Law Concentrate: Law Revision and Study Guide (8th edn)

Matthew Homewood and Clare Smith
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date: 04 June 2023

p. 483. Preliminary rulings

Article 267 TFEUlocked

p. 483. Preliminary rulings

Article 267 TFEUlocked

  • Matthew J. HomewoodMatthew J. HomewoodDeputy Dean and Associate Professor, Nottingham Law School
  •  and Clare SmithClare SmithSenior Lecturer, Nottingham Law School


This chapter discusses Article 267 of the Treaty on the Functioning of the European Union (TFEU). Article 267 TFEU gives the Court of Justice jurisdiction to deliver preliminary rulings on the validity and interpretation of EU law. The primary purpose of Article 267 is to ensure that EU law has the same meaning and effect in all the Member States. Where it considers a decision on a question of EU law is necessary to enable it to give judgment, any court may refer that question to the Court of Justice (the discretion to refer). Where a question of EU law is raised before a national court of last resort, that court must refer it to the Court of Justice (the obligation to refer).

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