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LEGAL

The Claim

The Court of Justice of the European Union interprets the term "court or tribunal" in Article 267 of the Treaty on the Functioning of the European Union as an autonomous EU-law concept rather than relying on national legal definitions.

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The Short Version

The evidence shows that the CJEU treats “court or tribunal” in Article 267 TFEU as an autonomous EU-law concept. Its judgments apply EU-law criteria and repeatedly state that national classification is not decisive. National legal context can matter in borderline cases, but it does not replace the Court’s own EU-law test.

Caveats

  • The wording "rather than relying on national legal definitions" is broadly accurate, but in close cases the Court may still examine national institutional context as a factual consideration.
  • Article 267 itself does not define the term; the meaning comes from CJEU case law developing criteria such as establishment by law, permanence, compulsory jurisdiction, application of law, and independence.
  • Secondary commentary is less important here because the decisive support comes from primary CJEU judgments and EUR-Lex materials.

The Receipts

  1. Judgment of the Court of 17 September 1997. - Dorsch Consult Ingenieurgesellschaft mbH v Bundesbaugesellschaft Berlin mbH. - Case C-54/96.

    EUR-Lex

  2. Consolidated version of the Treaty on the Functioning of the European Union - Article 267

    EUR-Lex

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

    EUR-Lex

  4. Case 61/65 Vaassen-Göbbels v. Beambtenfonds voor het Mijnbedrijf

    EUR-Lex

  5. Judgment of the Court of 17 September 1997 – Dorsch Consult (C-54/96)

    EUR-Lex

  6. Judgment of the Court of 17 September 1997. Dorsch Consult Ingenieurgesellschaft mbH v Bundesbaugesellschaft Berlin mbH (Case C‑54/96)

    EUR-Lex

  7. Case 96/77 Criminal proceedings against Jean-Claude G. v. Court of Auditors? (Broekmeulen)

    EUR-Lex

  8. Case C-517/97, Unibet (London) Ltd and Unibet (International) Ltd v Justitiekanslern

    Curia (Court of Justice of the European Union)

  9. Judgment of the Court (Grand Chamber) of 29 March 2022, Getin Noble Bank S.A. (Case C‑132/20)

    Court of Justice of the European Union (curia.europa.eu)

  10. CityRail a.s. v Správa železnic, C-272/22, Judgment of the Court

    CURIA

+ 16 more sources — see the full list on Lenz

Filed Under

Article 267 TFEUCourt Of Justice Of The European UnionTreaty On The Functioning Of The European Union