Preliminary Reference Proceedings

A preliminary reference proceeding is a unique mechanism under Article 267 of the Treaty on the Functioning of the European Union (TFEU) that allows national courts to ask the Court of Justice of the European Union (CJEU) to interpret or assess the validity of EU law.

The purpose of a preliminary reference is to ensure the uniform interpretation and application of EU law across all Member States. When a case before a national court involves a question about EU law (e.g. the meaning of a directive, regulation, or treaty article), the national court may – or in some cases must – refer the question to the CJEU.

Any national court or tribunal of a Member State may make a reference if there is uncertainty about how EU law should be interpreted or doubt about the validity of an EU act. Such procedure is not an appeal from the national court to the EU court. The national court stays its proceedings and awaits a ruling on the EU law issue. After the CJEU gives its answer (called a preliminary ruling), the national court resumes the case and applies the interpretation as provided by the CJEU to the facts of the case.

Any national court or tribunal of a Member State – as defined by CJEU case law – may make a reference. Courts of last instance (from which no further appeal is practically possible) are obliged to refer if a question of EU law is raised and necessary for the judgment unless the answer is clear or has already been clarified by the CJEU (“acte clair” and “acte éclairé” doctrines).

Preliminary reference rulings ensure consistency and legal certainty in the application of EU law and strengthen the judicial dialogue between national courts and the CJEU.

For individuals and companies, such a procedural instrument is practically important as it offers an indirect way to challenge EU law or seek interpretation even if they cannot bring a direct action to the CJEU.

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