Ruling court European Court of Justice | ||
Citation(s) (1982) Case 283/81, [1982] ECR 3415 Similar Marleasing SA v La Comercia, R (Factortame Ltd) v Sec, Costa v ENEL, Van Gend en Loos v Nederlan | ||
Srl CILFIT v Ministry of Health (1982) Case 283/81 is an EU law case, concerning preliminary references to the Court of Justice of the European Union.
Judgment
The Court of Justice held that a national court of last instance is under no obligation to refer when the issue is acte clair or when the ECJ has already ruled on the question of interpretation referred by the national court. It said there is no need to refer if there is already a judgment, and continued.
References
Srl CILFIT v Ministry of Health Wikipedia(Text) CC BY-SA