Mark Brealey, Kyla George
Edited By: Mark Brealey QC, Kyla George
- Basic principles of competition law — Arbitration procedures — Appeals — Preliminary references — Judicial remedies
This chapter examines the key legal issues arising from the preliminary reference procedure in competition law. It first considers references to the Court of Justice of the European Union (CJEU), focusing on Article 267 of the Treaty on the Functioning of the European Union (TFEU) giving the Court jurisdiction to render preliminary rulings concerning the interpretation of the Treaty, and the validity and interpretation of acts of the institutions, bodies, offices, or agencies of the European Union. It then explains the role of a ‘court or tribunal’ in making a reference, as well as the issue of inadmissible references and mandatory references. Finally, it discusses the preliminary reference procedure, including the procedure before the referring court, and the order for reference, special requests, interventions, submission of written and oral observations, and the effect of a ruling.