282 tal-2008 - Ordni tal-2008 dwar Rinviju li jsir minn Tribunali lill-Qorti tal-Ġustizzja tal-Komunitajiet Ewropej

L.N. 282 of 2008

EUROPEAN UNION ACT

(CAP. 460)

Reference made to the Court of Justice of the European

Communities by Tribunals Order, 2008

BY virtue of the powers conferred under article 4(2) of the

European Union Act, the Prime Minister has made the following

Order.

This order may be cited as the Reference made to the Court Citation.

of Justice of the European Communities by Tribunals Order, 2008.

(1) It shall be the responsibility of a Maltese tribunal, References to

not the parties, to settle the terms of the reference to the Court of the

Justice of the

Justice of the European Communities. The reference shall identify as European

Communities

clearly, succinctly and simply as the nature of the case permits the under Article

question to which the tribunal seeks an answer. It is very desirable 234

Treaty.

that language should be used which lends itself readily to translation.

(2) The referring tribunal shall in a single document scheduled

to the order

(a) identify the parties and summarise the nature and

history of the proceedings;

(b) summarise the salient facts, indicating whether these

are proved or admitted or assumed;

(c)

make reference to the rules of national law

(substantive and procedural) relevant to the dispute;

(d)

summarise the contentions of the parties so far as

relevant;

(e)

explain why a ruling of the Court of Justice of the

European Communities is sought, identifying the EC provisions

whose effect is in issue;

(f)

formulate, without avoidable

complexity,

the

question(s) to which an answer is requested.

(3) Where the document is in effect a decree, as will often be

convenient, passages which are not relevant to the reference shall be

omitted from the text scheduled to the order. Incorporation of

appendices, annexures or enclosures as part of the document shall be

avoided, unless the relevant passages lend themselves readily to

translation and are clearly identified.

(4) The referring tribunal shall ensure that the order of

reference, when finalised, is promptly passed to the Registrar, Civil

Courts and Tribunals, so that it may be transmitted to Luxembourg

without avoidable delay.

(5) The title of the referring tribunal shall also be clearly

stated.

Mitbug] fl-Istamperija tal-Gvern - Printed at the Government Printing Press

€0.19