Kernkraftwerke Lippe-Ems GmbH v Hauptzollamt Osnabruck: ECJ 7 Dec 2011

Constitutions Compatibility with EU law

ECJ (Judgment) Reference for a preliminary ruling – Article 267 TFEU – Interlocutory procedure for review of constitutionality – Examination of whether a national law complies with both EU law and with the Constitution of the Member State concerned – Discretion enjoyed by a national court to refer questions to the Court of Justice for a preliminary ruling – National legislation levying a duty on the use of nuclear fuel – Directives 2003/96/EC and 2008/118/EC – Article 107 TFEU – Articles 93 EA, 191 EA and 192 EA

Judges:

M Ilesic P

Citations:

[2016] Ch 181, [2016] 2 WLR 369, [2015] WLR(D) 240, [2015] 3 CMLR 41, ECLI:EU:C:2015:354, [2015] EUECJ C-5/14

Links:

Bailii, WLRD

Statutes:

TFEU 267

Jurisdiction:

European

Cited by:

CitedMicula and Others v Romania SC 19-Feb-2020
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the . .
Lists of cited by and citing cases may be incomplete.

Constitutional

Updated: 21 June 2022; Ref: scu.547699