Should Investment Treaty Tribunals Be Permitted to Request Preliminary Rulings From the Court of Justice of the European Union?
Article from: TDM 2 (2013), in EU, Investment Treaties, and Investment Treaty Arbitration - Current Developments and Challenges
Introduction
The preliminary reference procedure stipulated in Article 267 of the Treaty on the Functioning of the European Union (TFEU) is used when a national court or tribu- nal refers a question of European Union (EU) law that has arisen in a case before it to the EU Court of Justice (CJEU) for a preliminary ruling so as to enable the national court, on receiving that ruling, to decide the case. The function of the preliminary reference procedure is largely to ensure uniform interpretation and validity of EU law across all EU Member States. The CJEU has rejected requests ...
