ABSTRACT
The English courts have consistently recognised the need for a purposive constuction of Community secondary law, although they have not always first considered whether a literal interpretation is possible. The decisions of the Court of Justice interpreting the meaning of Community subordinate legislation are binding as a matter of Community law on the court which made the Article 234 reference. As a matter of English procedural law, lower courts are bound by the decisions of higher courts in accordance with the doctrine of binding precedence, even in relation to matters of Community law. Although, strictly speaking, statements and other acts by the Commission in relation to directives, other than legislative proposals, do have legal significance, English courts do have regard to them, even if the weight which they attach to them as aids to the interpretation of Community obligations is unclear.
