Focus: the obligation for national courts to reason their refusals to refer to the CJEU in Sanofi Pasteur.

Jasper Krommendijk on Strasbourg Observers:

“In conclusion, the present judgment tells us a bit more about the expectations from the ECtHR as to the reasons that national courts should provide when they decide not to refer to the CJEU. At the same time, when viewed in the light of earlier case law, it reveals the inconsistencies and arbitrariness whereby national courts are sometimes asked to tell more and at other times to tell less. It is thus essential that not only the ECtHR, but also the CJEU, tell us all more about the intricate issue that has kept practitioners and scholars occupied.”