The preliminaries of a reference

Abstract

On 11 June 2015, the President of the First Chamber of the Court of Justice of the EU (the Court) issued an order to delete Bogdan Chain v Atlanco Ltd (C-189/14) from the Registry. This comment and the reflection are thus not motivated by a judgment, but rather by the reasons why the Court after an oral hearing held in the presence of the parties and eight intervening Member States, and after hearing the Advocate General, did not deliver one. The comment examines the legal framework, as well as the detailed procedural rules and guidelines that govern the co-operation of national courts in the preliminary reference procedure. It highlights the fact that preliminary references can only work when the preliminaries of a reference-the culture of sincere co-operation and litigation, efficient communication, and flexible procedural rules-are in place.