''Srl CILFIT v Ministry of Health'' (1982
Case 283/81is an
EU law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
case, concerning
preliminary references to the
Court of Justice of the European Union
The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the judicial branch of the European Union (EU). Seated in the Kirchberg quarter of Luxembourg City, Luxembour ...
.
Facts
CILFIT, a wool importer, contested the amount it had paid by way of fixed health
inspection levy. Appeals by CILFIT were denied, and the case reached
the
Court of Cassation
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
. In the Court of Cassation, the Ministry of Health argued that
the factual circumstances of the case were so obvious as to rule out any other
possible interpretation, so there would not be a need for a preliminary ruling.
The Court of Cassation then referred the case to
Court of Justice.
Judgment
The Court of Justice held that a national court of last instance is under no obligation to refer when the issue is acte clair or when the ECJ has already ruled on the question of interpretation referred by the national court. It said there is no need to refer if there is already a judgment, and continued.
Significance
CILFIT case is famous for two things: reaffirming the principle that EU law must be interpreted in its context and with the goals of EU Law in mind, and establishing criteria when a preliminary ruling from EU court does not need to be requested.
See also
*
European Union law
Notes
External links
{{Italic title
Court of Justice of the European Union case law
1982 in case law