"Prejudicial question" redirects here. For the legal term used in criminal, civil and common law, see Prejudice (legal term).
A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law that is given in response to a request (a preliminary reference) from a court or a tribunal of a member state. A preliminary ruling is a final determination of European Union law, with no scope for appeal. The ECJ hands down its decision to the referring court, which is then obliged to implement the ruling.
Preliminary rulings are issued by the ECJ. The Treaty of Lisbon provides that jurisdiction may be delegated to the General Court, but that provision has yet to be put into effect.[1] If, as in Factortame, the ECJ holds that a member state's legislation conflicts with EU law, the member state is required to "disapply" such law, but the ECJ may not amend the member state's legislation itself.
Preliminary rulings make up the bulk of business in the Court of Justice of the European Union since few persons have locus standi to litigate in the Luxembourg court. "Privileged parties" with standing include all member states and EU institutions, but a private person or "undertaking"[2] has standing only if it is the addressee of an EU decision.
^Craig, Paul; de Búrca, Gráinne (2011). EU law: text, cases, and materials (5th ed.). Oxford: Oxford University Press. p. 482. ISBN 9780199576999.
^An "undertaking" in the EU is a company, partnership or business firm. See TFEU Arts 101 & 102.
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