header-logo header-logo

In principle...

07 September 2012 / Paul Lasok KC
Issue: 7528 / Categories: Features , Procedure & practice , EU
printer mail-detail

Interpretation or application—is the Court of Appeal right, asks Paul Lasok QC

According to the Court of Appeal, a reference should not be made to the European Court of Justice (ECJ) for a preliminary ruling under Art 267 of the Treaty on the Functioning of the European Union (TFEU 267) where the issue of EU law involves applying that law rather than interpreting it. This article considers that question by reference to two Court of Appeal cases: John Wilkins (Motor Engineers) Ltd and others v Revenue and Customs Commissioners [2011] EWCA Civ 429, [2011] STC 1371 and JBW Group Ltd v Ministry of Justice [2012] EWCA Civ 8, [2012] All ER (D) 69 (Jan).

What is the problem?

In John Wilkins, the application/interpretation issue concerned the compatibility with the EU law principle of effectiveness of the statutory regime for recovering overpaid VAT should a claimant be entitled to compound interest under EU law. Etherton LJ, with whom the rest of the Court of Appeal agreed, considered that a reference to

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

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

Bridget Tatham, partner at Browne Jacobson and 2026 president of the Forum of Insurance Lawyers, highlights the importance of hard work, ambition and seizing opportunities

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll