ABSTRACT
Direction (ECJ: References to the ECJ by C.A. and H.C. [1999] 2 CMLR 799 (text of ECJ guidance notes annexed). There is no such jurisdiction as regards the Lugano Convention. See Chapter 8. Compare the reference power under Art. 234 (ex Art. 177) of the Treaty of Rome. There must be a real question of ‘‘interpretation’’, and where the European Court has pronounced, only if the national court wishes to see if the position is to be maintained. See generally CILFIT Srl v. Ministry of Health [1982] ECR 3415; [1983] 1 CMLR 472. There should be a reference by a UK court unless the court ‘‘can with complete confidence resolve the issue itself’’: R v. Stock Exchange, ex p. Else [1993] Q.B. 534 at p. 545.
