The role of the National Judge in the European Judicial System and the Procedures of the CJEU

Preliminary ruling procedure also serves for references on the validity of EU acts (Art. 267 TFEU). If before any court there are well founded arguments for the invalidity of EU law, it is incumbent upon it to stay proceedings and to make a reference to the Court for a preliminary ruling on the act’s validity. Domestic courts may never take a final decision in conflict with EU law unless the CJEU has declared it invalid. (Case 314/85 Foto-Frost; Case C-461/03 Gaston Schul Douane-expediteur, para. 15-25, Case C-344/04, IATA and ELFAA, para. 27-32).

The CJEU has, on several occasions, justified the restrictive approach to the standing of private applicants in annulment actions by referring to the idea of a “complete system of remedies” created by the TFEU (Case C-294/83, Les Verts v Parliament, para. 23). In the Court’s view, this system is complete because an EU measure may be challenged either through a direct action under Article 263 TFEU or through the preliminary ruling procedure according to Article 267 TFEU.

Therefore, it is very important that the national court use the reference on the validity of the EU acts to provide the public concerned with a wide access to justice in environmental matters and to ensure effective judicial protection.

There are already examples of the preliminary ruling procedure used to challenge the validity of the EU acts concerning environmental matters directly or indirectly.