Recursul împotriva unei încheieri prin care se dispune sesizarea cu titlu preliminar a Curţii de Justiţie a Uniunii Europene. Două exemple recente din România

Constantin Mihai BANU

Dragoş Alin CĂLIN

Daniel Mihail ŞANDRU

ABSTRACT

The article discusses two examples of the Romanian case-law which deal essentially with the issue of an appeal against an order by which a court or tribunal makes a preliminary reference to the Court of Justice of the European Union ("CJEU"). The first example, which we called a "judicial saga", involves two courts - the referring court and the court of appeal, the latter granting an appeal against an order to stay the proceedings and to make a reference to the CJEU. The consequence of granting the appeal was that the referring court was commanded to resume proceedings. A second appeal (in the same case) - against a second order of the trial court, by which the court supplemented the initial order for reference - was rejected on grounds of late submission. Yet this...