Retracing old (scholarly) paths : the erga omnes effects of the interpretative preliminary rulings

Abstract

In this article, I shall look at a classic topic of European Union law: that of the erga omnes effects of the interpretative decisions of the European Court of Justice under Article 267 TFEU. I shall divide the article into four parts. In the first part I shall recall the very sophisticated, old, perhaps even dusty, debate on the matter. In the second part I shall deal with the arguments of those who deny that decisions of invalidity under Article 267 TFEU can have erga omnes effects. After that, I shall apply some of the arguments demonstrating the erga omnes effects of the decisions of invalidity to the interpretative rulings rendered under Article 267 TFEU. Finally, I shall look at some novelties introduced by the Lisbon Treaty that could impact on the subject of this piece.