Tech & Rights

Portuguese Supreme Court Failed to Fulfill Obligation under CJEU Ruling

An interesting statement has been made by the Court of Justice of the EU (CJEU) regarding petitions for preliminary rulings, in which the court applies a narrower interpretation of the "acte clair" doctrine. In the...

by Rights International Spain
Image: Cédric Puisney - Flickr/CC content

An interesting statement has been made by the Court of Justice of the EU (CJEU) regarding petitions for preliminary rulings, in which the court applies a narrower interpretation of the "acte clair" doctrine. In the case João Filipe Ferreira da Silva e Brito and others v. Estado português, the CJEU concludes that the "acte clair" doctrine (Cilfit) is not applicable, and that the Portuguese Supreme Court should have submitted a request for a preliminary ruling to the Court of Justice in order to exclude the possibility of an erroneous interpretation of European law.

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