The Consequences of the Breach of the Duty to make Reference to ECJ for a Preliminary Ruling

This article deals with the consequences of breach of the duty to make a reference for a preliminary ruling pursuant to the third paragraph of Article 267 TFEU. It aims to show that the remedies available to curb omissive conduct on the part of national courts of last instance are very difficult to implement from a practical standpoint, inasmuch as the case-law of the Court of Justice shows that those remedies, though they may be exercised on the basis of premises and conditions that are markedly diverse, are all of an exceptional nature. This predicament is a consequence of the behaviour of the Court of Justice, which seems to be primarily concerned with safeguarding its privileged relationship with the courts of the Member States rather than with limiting their discretionary powers.