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244/80 Foglia v Novello 2

[1981] ECR 3045

Case summary last updated at 13/02/2020 19:50 by the Oxbridge Notes in-house law team.

Judgement for the case 244/80 Foglia v Novello 2

Judge from Foglia 1 asked the ECJ whether its decision not to give a ruling in that case was consistent with the principle that it was for national judge to determine the facts and the need for a reference. ECJ held that to confirm its own jurisdiction 
ECJ: Says art 234 is concerned with the division of duties between the national courts and ECJ in a cooperative manner (platitudes, given the conclusion). National courts need to explain why a reference is ‘necessary’ for it to give judgment. ECJ doesn’t deliver advisory or hypothetical rulings, and therefore has no jurisdiction to answer a question where there is no real dispute. 

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