34.1  Article 234 of the Treaty establishing the European Community provides:

1.  The Court of Justice shall have jurisdiction to give preliminary rulings concerning:

(a)  the interpretation of this Treaty;

(b)  the validity and interpretation of acts of the institutions of the Community and of the European Central Bank;

(c)  the interpretation of the statutes of bodies established by an act of the Council, where those statutes so provide.

2.  Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon.

3.  Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.

34.2  When the House refuses leave to appeal to a petition which includes a contention that a question of Community law is involved, the House gives additional reasons for its decision not to grant leave to appeal (see direction 4.7). These reasons reflect the decision of the Court of Justice in CILFIT v. Ministry of Health (Case C-283/81) which laid down the categories of case where the Court of Justice considered that no reference should be made to it, namely:

  (a) where the question raised is irrelevant;

(b) where the Community provision in question has already been interpreted by the Court of Justice;

  (c) where the question raised is materially identical with a question which has already been the subject of a preliminary ruling in a similar case; and

  (d) where the correct application of Community law is so obvious as to leave no scope for any reasonable doubt[79].

34.3  The House may order a reference to the Court of Justice before determining whether to grant leave to appeal. In such circumstances proceedings on the petition for leave to appeal are stayed until the answer is received. The directions below apply as appropriate[80].

34.4  When the House intends to make a reference, the hearing is adjourned and the parties are invited to submit an agreed draft of the question(s) to be referred. A further Statement of facts and issues, for the use of the Court of Justice, may also be appropriate. The House then makes the reference, with or without opinions. At this stage the appeal may also be disposed of in part.

34.5  Within one month of the judgment of the Court of Justice, the parties must make written submissions to the Judicial Office on whether a further hearing before the Appellate Committee is necessary or on how the appeal is to be disposed of.

Further proceedings in the House of Lords

34.6  If a further hearing is required before the Appellate Committee, the parties may lodge supplemental cases.

34.7  If supplemental cases are lodged, then:

(a) no later than five weeks before the expected date of the further hearing, the appellants must lodge in the Judicial Office one master and seven copies of their supplemental case and also serve it on the respondents;

(b) no later than three weeks before the expected date of the further hearing, the respondents must lodge in the Judicial Office one master and seven copies of their supplemental case and also serve it on the appellants;

(c) no later than three weeks before the expected date of the further hearing, any other party lodging a case (e.g. an intervener or advocate to the court) must lodge in the Judicial Office one master and seven copies of their supplemental case, and also provide copies to the appellants and respondents.

34.8  As soon as all the supplemental cases have been exchanged, and no later than two weeks before the date of the expected hearing, the appellants must lodge 15 additional sets of bound volumes[81] containing:

(a) appellants' and respondents' cases;

(b) cases of interveners etc, if any;

(c) judgment of the European Court of Justice;

(d) any additional authorities relied on that are not included in the original green authorities' volumes.

34.9  The Judicial Office supplies the Appellate Committee with the original bound volumes, appendices and authorities' volumes.

Costs

34.10  The Court of Justice does not make orders for costs. The costs of the reference are included in the order of the House disposing of the appeal; and, if necessary, are taxed by the House's Taxing Officer.

80   Ibid. Back

81   See direction 16.2. Back