­­

­Wightman v Secretary of State for Exiting the European Union  Case C-621/18

­

Friends of the Irish Environment CLG v Shannon LNG [2022] IECA 298

Lack of  detail
­Telemarsicabruzzo Case C-320-322/90

Questions of national law
 Giuseppa Romeo v Regione Siciliana Case C-313/12

­If appeal to SC available  court of appeal not court of last resort

 Commission v Italy Case C-379/10  

 Commission v Spain Case C-154/08

Commission v France C-416/17. 
Art. 258 TFEU procedure 

(a)

the interpretation of the Treaties;

(b)

the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union;

Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court to give a ruling thereon.

Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court.

If such a question is raised in a case pending before a court or tribunal of a Member State with regard to a person in custody, the Court of Justice of the European Union shall act with the minimum of delay.

MJELR & Anor -v- Director of the Equality Tribunal [2009] IEHC 72

 

Energy [1983] IR 82

BUT
Article 34 Irish Constitution
Data Protection Commissioner v Facebook Ireland [2018] IESC 38
Data Protection Commissioner v Facebook Ireland [2019] IESC 46
IS (Illegality of order for reference) (GC)(C-564/19)

­ para. 13.“In order to determine whether a referring body is a court or tribunal…the Court takes account of a number of factors, such as:

­whether the body is established by law,

­whether it is permanent, 

­whether its jurisdiction is compulsory, 

­whether its procedure is inter partes,

­ whether it applies rules of law 

­and whether it is independent…”