Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Base on this scenario and for question one please provide references to the case law- use different cases Kitchen Ltd is a medium-size kitchen items

Base on this scenario and for question one please provide references to the case law- use different cases

Kitchen Ltd is a medium-size kitchen items manufacturer. Kitchen Ltd is currently the defendant against a group of retailers who have claimed that it has supplied them with a quantity of microwave ovens that have all overheated and exploded in use, causing injury to persons. The action is currently being contended by Kitchen Ltd, in the Court of Appeal. A question of interpretation of the (fictitious) Oven Safety (no 2) 2019 directive has arisen before the Court of Appeal and the court is minded referring the matter to the Court of Justice of the European Union (CJEU).

Based on this scenario

  1. What are the characteristics of a 'court or tribunal' within the meaning of Article 267 TFEU? Please provide references to the case-law.
  2. Discuss obligation and discretion to refer to the CJEU.
  3. In the present scenario, under what circumstances would the Court of Appeal have no discretion to refer to the CJEU?
  4. Discuss instances when an obligation to refer under paragraph 3 of Article 267 TFEU is waived.
  5. How does the doctrine of acte clair operate to mitigate the obligation to refer a question to the CJEU concerning the interpretation of union law?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Legal Research Analysis and Writing

Authors: William H. Putman, Jennifer Albright

4th edition

1305948378, 9781337469531 , 978-1305948372

More Books

Students also viewed these Law questions

Question

. Question 8 of 20 Answered: 1 week ago

Answered: 1 week ago

Question

The Sarbanes - Oxley Act of 2 0 0 2 is also known as

Answered: 1 week ago

Question

Improving creative problem-solving ability.

Answered: 1 week ago