Srl CILFIT V Ministry Of Health - Wikipedia

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• 1 Facts
• 2 Judgment
• 3 Significance
• 4 See also
• 5 Notes
• 6 External links

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Appearance move to sidebar hide From Wikipedia, the free encyclopedia EU law case

CILFIT v Ministry of Health
European Court of Justice
Submitted 27 March 1981Decided 6 October 1982
Full case name	Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health
Case	C-283/81
CelexID	61981CJ0283
ECLI	ECLI:EU:C:1982:335
Nationality of parties	Italy
Court composition
Judge-RapporteurFrance Adolphe Touffait
Advocate GeneralFrancesco Capotorti
Keywords
Preliminary references

Srl CILFIT v Ministry of Health (1982)[1] is an EU law case, concerning preliminary references to the Court of Justice of the European Union.

Facts

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CILFIT, a wool importer, contested the amount it had paid by way of fixed health inspection levy. Appeals by CILFIT were denied, and the case reached the Court of Cassation. In the Court of Cassation, the Ministry of Health argued that the factual circumstances of the case were so obvious as to rule out any other possible interpretation, so there would not be a need for a preliminary ruling. The Court of Cassation then referred the case to Court of Justice.

Judgment

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The Court of Justice held that a national court of last instance is under no obligation to refer when the issue is acte clair or when the ECJ has already ruled on the question of interpretation referred by the national court. It said there is no need to refer if there is already a judgment, and continued.

16. ... the correct application of Community law may be so obvious as to leave no scope for any reasonable doubt as to the manner in which the question raised is to be resolved. Before it comes to the conclusion that such is the case, the national court or tribunal must be convinced that the matter is equally obvious to the courts of the other member states and to the Court of Justice. Only if those conditions are satisfied, may the national court or tribunal refrain from submitting the question to the Court of Justice and take upon itself the responsibility for resolving it.

[...]

20. ... every provision of Community law must be placed in its context and interpreted in the light of the provisions of Community law as a whole, regard being had to the objectives thereof and to its state of evolution at the date on which the provision in question is to be applied.

Significance

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CILFIT case is famous for two things: reaffirming the principle that EU law must be interpreted in its context and with the goals of EU Law in mind, and establishing criteria when a preliminary ruling from EU court does not need to be requested.

See also

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v t e Preliminary references
TFEU art 267
Vaassen v Beambtenfonds Mijnbedrijf (1966) Case 61/65
Miles v European Schools (2011) C-196/09
CILFIT v Ministry of Health (1982) Case 283/81
Kenny Roland Lyckeskog (2002) C-99/00
R (HS2 Action Alliance Ltd) v SS for Transport [2014] UKSC 3
Outright Monetary Transactions case (2014) BVerfGE 134, 366
see EU law

• European Union law

Notes

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1. ^ Judgment of the Court of 6 October 1982. Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health. Case 283/81

External links

[edit] Retrieved from "https://en.wikipedia.org/w/index.php?title=Srl_CILFIT_v_Ministry_of_Health&oldid=1257913209" Categories:

• Court of Justice of the European Union case law
• 1982 in case law

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