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22 February 2013
Issue: 7549 / Categories: Case law , Law digest , In Court
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European Union

Belov v CHEZ Elektro Balgaria AD and others C-394/11 [2013] All ER (D) 105 (Feb)

According to settled case-law, in order to determine whether a body making a reference was a court or tribunal for the purposes of Art 267 TFEU, which was a question governed by EU law alone, the court took account of a number of factors, such as whether the body was established by law, whether it was permanent, whether its jurisdiction was compulsory, whether its procedure was inter partes, whether it applied rules of law and whether it was independent. Further, a national court might refer a question to the court only if there was a case pending before it and if it was called upon to give judgment in proceedings intended to lead to a decision of a judicial nature. Accordingly, it was appropriate to determine whether a body might refer a case to the court on the basis of criteria relating both to the constitution of that body and to its function. In that connection, a national body might be

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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