ECJ on the Obligation of Final Courts to Refer: When Failure to Refer to the ECJ Leads to State Liability
TL;DR
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The European Court of Justice (ECJ) ruled that a final court's mere failure to refer a question to the ECJ does not automatically trigger state liability. State liability arises only if there is also a sufficiently serious breach of substantive Union law provisions intended to confer rights on individuals.
Source: lto.de
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