The European Court’s acte clair strategy in CILFIT Or: Acte Clair, of Course! But What does it Mean?

Abstract:

The text reproduces an article from E.L. Rev 1984, 9, on the approach of the European Court of Justice (ECJ) in CILFIT Srl v Ministero della Sanita (283/81) when national courts of last resort may decline to refer questions of EU law to the ECJ on the basis that the meaning of the provisions is so clear that no interpretation is needed. It argues that the court's strategy narrows the scope of the co-determination role played by state courts in establishing the content of EU law.