Creation, evolution etc.… theoretical and interdisciplinary perspectives on the interpretation of the Court of Justice of the European Union

Abstract

This preliminary reference question of the Oberlandesgericht Düsseldorf in Fra.bo is as typical as it is revealing. Typical, as an imprecise empirical glance at the development of the jurisprudence of the Court reveals that the form of the question – is such and such a provision of EU law to be interpreted as meaning so and so – has become standardized. Revealing, as it shows interpretation to be at the very heart of the Court’s activities – indeed it is its institutional task – and that this is recognized and acknowledged by other actors such as national courts.