Teisinės pasekmės pažeidus pareigą kreiptis į Teisingumo Teismą prejudicinio sprendimo.
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The article discusses the possible consequences that can be faced by a Member State of the European Union if its national court does not comply with the obligation to make a reference for a preliminary ruling to the Court of Justice. The TFEU does not specify any sanctions applicable to a state when its national court disregards its obligation under Article 267 TFEU. Therefore, the analysis focuses on the practice of the Court of Justice and its interpretation by scholars. At the outset, the author analyses whether refraining from making a reference for a preliminary ruling can lead to the duty to pay damages to an individual. Taking into account the criteria of a sufficiently serious breach formulated in the Köbler case, the author comes to the conclusion that the infringement of the obligation to make a reference for a preliminary ruling is one of the most important criteria in assessing whether a Member State has to pay damages for any loss suffered by an individual, but the infringement itself is not sufficient to make a state liable. Furthermore, it is assessed whether the failure to make a reference creates an obligation for an administrative institution or a national court to review a decision or reopen a case. It is suggested that European Union law does not contain the obligation addressed to a national court to reopen a case even if the national court failed to comply with the obligation to make a reference for a preliminary ruling. If a person addresses an administrative authority, a failure to comply with the obligation is just one of the many factors to be assessed while deciding to review a decision. Finally, the author addresses the question of if the European Commission can institute infringement proceedings for failure to make a reference under Article 258 TFEU and what are the conditions for state liability under Article 260 TFEU in case of a failure to refer.
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