Court of Justice (Grand Chamber) 24 March 2026, C-767/23 (A. M. v Staatssecretaris van Justitie en Veiligheid.)

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The Court of Justice (Grand Chamber) ruled that the third paragraph of Article 267 TFEU, read with Article 47 of the Charter, precludes national legislation allowing a court of last instance to dismiss EU law questions via summary reasoning without specifying which of the three 'Cilfit' exceptions applies. Such courts must provide specific and concrete reasons for refusing a preliminary ruling request, regardless of whether a party made an express request, provided that EU law was relied upon or raised by the court of its own motion. This obligation is only satisfied by summary reasoning if the court expressly adopts the grounds of a lower court that already sufficiently addressed the applicable exceptions.AI

European Union · · · Cited by 713 · 24-03-2026

JUDGMENT OF THE COURT (Grand Chamber) 24 March 2026 ( *1 ) (Reference for a preliminary ruling – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Obligation to state reasons for the concrete application of those exceptions – National legislation conferring on the national

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