ABSTRACT
Article 234 provides for a system of ‘preliminary rulings’ to be given by the Court. This means that the Court has final interpretative jurisdiction over references from national courts concerning the application and meaning of Community law. This seeks to ensure the uniform application of Community law throughout the legal systems of the various Member States. A national court may refer an issue to the Court where a ruling is necessary to enable the national court to give judgment, and must do so where there is no right of further appeal. The Court does not decide the dispute between the parties, but provides an interpretative ‘preliminary ruling’ which provides guidance on the interpretation of the point of Community law which is at issue. This will become increasingly important for the development of Community competition law given the role of enforcement at the national level in the ‘modernised’ enforcement system under Regulation 1/2003. The review of infringement actions instigated by the NCAs will occur before the domestic courts, which may then use Art 234 rulings to ensure there is a consistent application of Community law. Recourse may also be made to the Art 234 procedure when a domestic court is dealing with a private dispute between parties which involves Community competition law.
