header-logo header-logo

22 February 2013
Issue: 7549 / Categories: Case law , Law digest , In Court
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll