Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/05/2016

Subject: The Court affirmed that Article 267 TFEU and Article 94 of the Rules of Procedure of the Court, read in the light of the second paragraph of Article 47 and of Article 48(1) of the Charter of Fundamental Rights of the European Union, preclude a national rule which is interpreted in such a way as to oblige the referring court to disqualify itself from a pending case, on the ground that it set out, in its request for a preliminary ruling, the factual and legal context of that case. According to the Court, EU law does not require the referring court, after the delivery of the preliminary ruling, to hear the parties again and to undertake further inquiries, which might lead it to alter the findings of fact or law made in the request for a preliminary ruling, nor does it prohibit the referring court from doing so, provided that the referring court gives full effect to the interpretation of EU law adopted by the Court of Justice of the European Union. Finally, the Court affirmed that EU law precludes a referring court from applying a national rule which is deemed to be contrary to EU law

Parties: Ognyanov

Classification: Justice - Art. 47 Independent and impartial tribunal - Art. 48 Presumption of innocence

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