European Union Law ( EU Law) - Mandatory references and hypothetical questions
Although national supreme courts are required to refer questions to the ECJ when they are brought before them, this does not obligate them to do so if the issue is really unrelated to the case. Even if the question is intriguing, it is only hypothetical if it is not crucial to how the case will turn out. The ECJ decided as follows in CILFIT (Case 283/81) [1982] ECR 3415: "National courts or tribunals are not required to refer to the Court of Justice a question concerning the interpretation of [Union] law placed before them if that question is not relevant," that is, if the question's resolution, whatever it may be, cannot in any way influence the case's outcome.
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