REFERENCE MADE TO THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES BY TRIBUNALS ORDER

REFERENCE MADE TO THE COURT OF JUSTICE

OF THE EUROPEAN COMMUNITIES BY TRIBUNALS

SUBSIDIARY LEGISLATION 460.21

REFERENCE MADE TO THE COURT OF

JUSTICE OF THE EUROPEAN COMMUNITIES

BY TRIBUNALS ORDER

11th November, 2008

LEGAL NOTICE 282 of 2008.

The title of this Order is the Reference made to the Court

of Justice of the European Communities by Tribunals Order.

(1) It shall be the responsibility of a Maltese tribunal, not

the parties, to settle the terms of the reference to the Court of

Justice of the European Communities. The reference shall identify

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

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

desirable 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.