Act of Sederunt (Summary Cause Rules) 2002

CHAPTER 20 European Court

Interpretation of rules 20.2 to 20.5

20.1.—(1) In rules 20.2 to 20.5–

“the European Court” means the Court of Justice of the European Communities;

“reference” means a reference to the European Court for–

(a)

a preliminary ruling under Article 234 of the E.E.C. Treaty, Article 150 of the Euratom Treaty or Article 41 of the E.C.S.C. Treaty; or

(b)

a ruling on the interpretation of the Conventions, as defined in section 1(1) of the Civil Jurisdiction and Judgments Act 1982, under Article 3 of Schedule 2 to that Act(1).

(2) The expressions “E.E.C. Treaty”, “Euratom Treaty” and “E.C.S.C. Treaty” have the meanings assigned respectively in Schedule 1 to the European Communities Act 1972(2).

Application for reference

20.2.—(1) The sheriff may, on the application of a party or of his own accord make a reference.

(2) A reference must be made in the form of a request for a preliminary ruling of the European Court in Form 27.

Preparation of case for reference

20.3.—(1) If the sheriff decides that a reference shall be made, he must within four weeks draft a reference.

(2) On the reference being drafted, the sheriff clerk must send a copy to each party.

(3) Within four weeks after the date on which copies of the draft have been sent to parties, each party may–

(a) lodge with the sheriff clerk; and

(b) send to every other party,

a note of any adjustments he seeks to have made in the draft reference.

(4) Within 14 days after the date on which any such note of adjustments may be lodged, the sheriff, after considering any such adjustments, must make and sign the reference.

(5) The sheriff clerk must forthwith intimate the making of the reference to each party.

Sist of action

20.4.—(1) Subject to paragraph (2), on a reference being made, the action must, unless the sheriff when making the reference otherwise orders, be sisted until the European Court has given a preliminary ruling on the question referred to it.

(2) The sheriff may recall a sist made under paragraph (1) for the purpose of making an interim order which a due regard to the interests of the parties may require.

Transmission of reference

20.5.  A copy of the reference, certified by the sheriff clerk, must be transmitted by the sheriff clerk to the Registrar of the European Court.

(1)

Schedule 2 was substituted by S.I. 1990/2591 and 2000/1824.

(2)

1972 c. 68.