Article 21

Requests for preliminary rulings

As a court common to the Contracting Member States and as part of their judicial system, the Court shall cooperate with the Court of Justice of the European Union to ensure the correct application and uniform interpretation of Union law, as any national court, in accordance with Article 267 TFEU in particular. Decisions of the Court of Justice of the European Union shall be binding on the Court.

Case Law

Court of Appeal

IPPT20260316, UPC CoA, Ecovacs v Roborock
No CJEU referral possible (Article 21 UPCA). The UPC cannot ask the CJEU to interpret the UPCA or the RoP. A request for a preliminary ruling must concern the interpretation or validity of EU law, not the interpretation of rules of national law or issues of fact raised in the proceedings. The RoP are procedural rules that can be equated with national procedural law in this respect.

IPPT20260428, UPC CoA, Suinno v Microsoft
Application to revoke security for costs order rejected. No basis for referral to CJEU (Article 21 UPCA). For there to be jurisdiction, the request for a preliminary ruling must concern a rule of EU law other than the Charter applicable to the case in the main proceedings. It is beyond reasonable doubt that the EU law, the Enforcement Directive and TRIPS agreement, do not prevent the imposition of a security for costs order. For this reason alone, a referral to the CJEU is out of the question. 

IPPT20250820, UPC CoA, expert e-Commerce v Seoul Viosys
Leave to appeal - request to refer questions to the CJEU denied (R. 221 RoP, Article 21 UPCA). Right to seek a cost decision (Article 69 UPCA) elapses after expiry of the one month time limit (R. 151 RoP). Can only be remedied through reestablishment of rights (R. 320 RoP). UPCA and RoP must be interpreted in a manner that is consistent with EU law (Article 20 UPCA). The UPC cannot ask to the CJEU to interpret the UPCA or the RoP: a referral of questions to the CJEU on interpretation of Art. 69 UPCA and R. 151 RoP as suggested by expert cannot be made. For there to be jurisdiction of the CJEU (Article 21 UPCA) the request for a preliminary ruling must concern a rule of EU law other than the Charter applicable to the case in the main proceedings. No reason to refer any questions to the CJEU for a preliminary ruling regarding the one month time limit of R. 151 RoP (Article 14 Enforcement Directive). The provision is not complex. The requirement does not go beyond what is necessary to achieve their objective. The provision clearly does not disproportionately affect the party’s right to effective judicial protection. In addition R. 320 RoP provides for re-establishment of rights.