ABSTRACT

The first concerns matters that can be referred. In this respect not all EU law is capable of being referred to the ECJ. The ECJ is precluded from giving preliminary rulings on the validity of primary sources (as opposed to their interpretation), on the validity of its own judgments, on matters excluded by Article 276 TFEU and on the CFSP matters;

The second concerns national courts and tribunals which can make a request for a preliminary ruling. In this respect, only courts and tribunals which exercise a judicial function under state authority are regarded as “courts and tribunals” within the meaning of Article 267 TFEU. On this ground private arbitrators have been refused recognition as a court or tribunal;

The third concerns territorial jurisdiction. The ECJ has broadly interpreted the territorial scope of Article 267 TFEU to include within its jurisdiction referrals from courts and tribunals situated outside the territory of the EU but having important connections with some Member States.