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References to the Court of Justice of the European Union

Under Article 267 of the Treaty on the Functioning of the European Union an Irish Court may be required to make a reference to the Court of Justice of the European Union for a decision on the interpretation on an issue of European Union  law.  In general the requirement to make such a reference arises where the court considering the matter is a court of final appeal although the possibility does arise in the lower courts as well.  It s a matter for the Irish Court to make such a reference and when such a reference happens it will be a matter for the Board to determine whether to grant a new  Certificate to provide the services in the matter.  The Board should require both the Board solicitor and the Senior Counsel (or Junior if no Senior has been retained) to provide an opinion as to why the Board should pursuant to the Act provide services in relation to the reference.