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ACTE CLAIR AND LIMITATIONS OF THE TEMPORAL EFFECTS OF ECJ JUDGMENTS

This article examines the relationship between ECJ case law on Acte Clair and the limitations of temporal effects of judgments. It explores the legal basis and obligations for preliminary rulings on limitation of temporal effects, as well as relevant criteria and practical considerations. The article also discusses the difficulties and tensions arising from different case law.

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ACTE CLAIR AND LIMITATIONS OF THE TEMPORAL EFFECTS OF ECJ JUDGMENTS

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  1. ACTE CLAIR AND LIMITATIONS OF THE TEMPORAL EFFECTS OF ECJ JUDGMENTS Prof. Dr. Michael Lang Vienna University of Economics and Business Administration (Wirtschaftsuniversität Wien)

  2. ECJ CASE LAW • ECJ CASE LAW ON ACTE CLAIR • ECJ CASE LAW ON LIMITATIONS OF TEMPORAL EFFECTS OF JUDGMENTS • HOW DO THESE DEVELOPMENTS FIT TOGETHER?

  3. PRELIMINARY RULING ON LIMITATION OF TEMPORAL EFFECTS: LEGAL BASIS? • WORDING OF ART 234 EC • „RAISED BEFORE A DOMESTIC COURT“? • „NECESSARY TO ENABLE TO GIVE JUDGMENT“? • ECJ ACCEPTS SUCH REQUESTS

  4. PRELIMINARY RULING ON LIMITATION OF TEMPORAL EFFECTS: OBLIGATION? (I) • COURT OF LAST INSTANCE: OBLIGATION, UNLESS THERE ARE NO DOUBTS • PREMLIMINARY RULING: ALWAYS OBLIGATION TO INCLUDE QUESTION ON LIMITATION OF TEMPORAL EFFECTS? • BUT: ADMINISTRATIVE BODIES

  5. PRELIMINARY RULING ON LIMITATION OF TEMPORAL EFFECTS: OBLIGATION? (II) • CILFIT CASE LAW WOULD BECOME OBSOLETE? • AFTER MEILICKE: IN CILFIT SITUATION NO QUESTION ABOUT LIMITATION OF TEMPORAL EFFECTS • PRACTICE: RARE EXCEPTION • DIFFERENT SITUATION: GOVERNMENTS, PRIVATE PARTIES …

  6. RELEVANT CRITERIA • GOOD FAITH AND LEGAL UNCERTAINTY • EKW: RELEVANCE OF UNOFFICIAL COMMUNICATION BETWEEN GOVERNMENT AND COMMISSION • SERIOUS ECONOMIC REPERCUSSIONS • IN OTHER MEMBER STATES IMPOSSIBLE TO EVALUATE • PRELIMINARY RULINGS: MORE OFTEN

  7. REJECTION OF REQUEST FOR LIMITATION OF TEMPORAL EFFECTS • MEILICKE • VERKOIJEN • WHY NOT MANNINEN? • WHY NOT BAARS? • LEVEL OF SIMILARITY DIFFICULT TO DETERMINE

  8. CONCLUSIONS • DIFFICULTIES • TENSIONS BETWEEN DIFFERENT CASE LAW

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