IP and Others (National rule providing for the jurisdiction of the national criminal court to be relieved of jurisdiction... - Order) [2022] EUECJ C-609/21_O (25 March 2022)

IP and Others (National rule providing for the jurisdiction of the national criminal court to be relieved of jurisdiction... - Order) [2022] EUECJ C-609/21_O (25 March 2022)

EU law precludes a national rule that requires a criminal court to relinquish jurisdiction after making factual findings in a preliminary reference to the CJEU, as this undermines the effectiveness of the preliminary reference procedure and the primacy of EU law. Such a rule must be set aside by national courts. However, EU law does not preclude a national rule requiring the referring court to notify national authorities of the reference, provided this does not affect the right to refer or the fairness of the procedure.

Citation
[2022] EUECJ C-609/21_O
Parties
Accused: IP; Accused: DD; Accused: ZI; Accused: SS; Accused: HYA; Prosecution: Spetsializirana prokuratura
Jurisdiction
European Union
Judgment Date
25 March 2022
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Order on Preliminary Reference
Outcome
Preliminary ruling issued (order); national rule requiring relinquishment of jurisdiction is incompatible with EU law; national rule requiring notification to national authorities is compatible with EU law.
Legal Topics
Preliminary Reference Procedure, Judicial Cooperation, National Procedural Autonomy, Primacy of EU Law, Right to a Fair Trial, Judicial Impartiality
European Union Law Criminal Procedure Preliminary Reference Procedure Judicial Cooperation National Procedural Autonomy Primacy of EU Law Right to a Fair Trial Judicial Impartiality

Case Brief

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Parties

IP

Accused

DD

Accused

ZI

Accused

SS

Accused

HYA

Accused

Spetsializirana prokuratura

Prosecution

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Order on Preliminary Reference

Legal Issues

  1. 1 Whether EU law precludes a national rule requiring a criminal court to relinquish jurisdiction after making factual findings in a preliminary reference to the CJEU, under penalty of annulment of its final decision.
  2. 2 Whether EU law precludes a national rule requiring the referring court to notify national authorities of the preliminary reference.

Ratio Decidendi

EU law precludes a national rule that requires a criminal court to relinquish jurisdiction after making factual findings in a preliminary reference to the CJEU, as this undermines the effectiveness of the preliminary reference procedure and the primacy of EU law. Such a rule must be set aside by national courts. However, EU law does not preclude a national rule requiring the referring court to notify national authorities of the reference, provided this does not affect the right to refer or the fairness of the procedure.

Court Disposition

Preliminary ruling issued (order); national rule requiring relinquishment of jurisdiction is incompatible with EU law; national rule requiring notification to national authorities is compatible with EU law.

Orders

  • National courts must set aside any national rule requiring them to relinquish jurisdiction after making factual findings in a preliminary reference to the CJEU.
  • National rules requiring notification of the preliminary reference to national authorities are not precluded by EU law.