Vorabentscheidungsverfahren

Vorabentscheidungsverfahren, or preliminary reference, is an EU law procedure provided by Article 267 of the Treaty on the Functioning of the European Union (TFEU). It enables national courts and tribunals of member states to request the Court of Justice of the European Union (CJEU) to interpret EU law or to rule on the validity of EU acts. The objective is to ensure the uniform interpretation and application of EU law across all member states and to resolve questions that arise in specific national cases.

Any court or tribunal of a member state that has jurisdiction to decide disputes involving EU law may refer questions if the referencing is necessary to resolve the case. The referring court submits questions in writing, and the CJEU may invite written observations from the parties to the main proceedings, member states, and EU institutions, potentially followed by oral hearings. The CJEU issues a preliminary ruling clarifying the meaning or interpretation of relevant EU treaty provisions, secondary legislation, or the validity of such acts. The ruling is binding on the referring court and the national authorities involved, and it contributes to uniform application of EU law in other cases as well.

Preliminary rulings do not resolve the merits of the main dispute; rather they interpret EU law so the national court can decide in compliance with EU requirements. They are a key instrument of judicial cooperation within the EU, supporting consistency in the internal market, free movement, and other EU policies. The procedure operates within the broader framework of the EU’s system of direct effect and supremacy, with limitations such as relevance and admissibility: questions must pertain to EU law or the validity of EU acts, and the CJEU may refuse to answer if the request is inappropriate or unrelated to a live dispute.