Open Access
The Court of Justice, genuine disputes and jurisdictional control : making sense of Foglia II in light of its dossier
Loading...
Files
Gines_Martin_2021.pdf (165.74 KB)
Full-text in Open Access
License
Attribution 4.0 International
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
2499-8249
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
European papers, 2021, Vol. 6, No. 2, pp. 903-912
Cite
GINES MARTIN, Diego, The Court of Justice, genuine disputes and jurisdictional control : making sense of Foglia II in light of its dossier, European papers, 2021, Vol. 6, No. 2, pp. 903-912 - https://hdl.handle.net/1814/73309
Abstract
The Foglia saga remains key to understanding the relationship between the Court of Justice of the European Union (CJEU) and domestic courts in art. 267 TFEU proceedings. By discussing the dossier de procédure of case 244/80 (Foglia v Novello II ECLI:EU:C:1981:302), this Article adds to the existing debates on the case. In doing so, it gives insights into the legal arguments of the different actors as found in the dossier, as well as into the way in which these were handled by the Court. Whereas their overall legal stance on the issue was clear from the outset, the most remarkable find-ings concern the arguments that were left unsaid in the final version of the judgment. These illus-trate that, contrary to what the judgment seems to suggest, the case was as much about demon-strating the existence of a genuine dispute between the two parties in this specific case, as it was about the Court’s appraisal powers. The material found is also in line with existing academic com-mentary which pointed to the influence of France in the judgment. Though these findings are not conclusive and do not purport to reveal the motives behind this enigmatic ruling, they nonetheless give fresh insight into this extensively discussed issue.