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Jane applies to the Irish High Court for a judicial review of Gilead Council's decision. Jane has a law degree but is not a practicing
- Jane applies to the Irish High Court for a judicial review of Gilead Council's decision. Jane has a law degree but is not a practicing lawyer. She conducts some research and discovers a 2019 judgment of the Court of Justice of the European Union (CJEU) holding that a meeting group for prospective parents (mothers and fathers) should be entitled to the rebate set out in the Regulation. She also discovers a decision in an Italian national court where a similar club to her own was held to qualify for the rebate. Should the Irish High Court make a preliminary reference to the CJEU?
- The Irish High Court finds in Jane's favor and awards the rebate, favoring a broad interpretation of the terms of the Regulation. However, Glead Council appeals to the Irish Court of Appeal which overturns the decision of the Irish High Court without making a preliminary reference to the CJEU. Jane feels that given the previous court decisions on this issue, the Irish Court of Appeal should have made a preliminary reference to the CJEU.
- Explain whether Jane's view is correct.
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