HC Deb 16 November 1979 vol 973 cc798-9W
Mr. Spearing

asked the Attorney-General by what means judges in the courts of the United Kingdom apply to the Court of the European Communities for an opinion on Community law to be applied by their court in the United Kingdom; how many applications have been made during each of the years 1973 to 1978; and where such opinions are published.

The Attorney-General

Article 177 of the treaty establishing the European Economic Community gives United Kingdom courts a power, and in certain circumstances imposes on them an obligation, to refer to the Court of Justice of the European Communities questions of Community law for a preliminary ruling. The United Kingdom court may make a reference of its own motion or on the application of the parties or one of them. The procedure for making the reference will be governed by the appropriate rules of court.

No references were made by United Kingdom courts in 1973; one reference was made in each of the years 1974, 1975 and 1976; and five references in each of the years 1977 and 1978.

Judgments of the Court of Justice on references for preliminary rulings are published in the reports of cases before the court by the office for official publications of the European Communities in Luxembourg.

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