The EFTA Court establishes that courts against whose decisions there is no judicial remedy under national law should request an advisory opinion in compliance with their duty of loyalty (Irish Bank Resolution / Kaupthing Bank)

Case E-18/11: Small steps towards a preliminary reference procedure for the EEA EFTA countries?* The EFTA Court handed down an interesting decision in September 2012 which merits a short comment. The Surveillance and Court Agreement of the EEA EFTA countries does not foresee a procedure akin to the preliminary reference procedure in the context of EU law. However, there is an advisory opinion procedure, which neither obliges the courts of EEA EFTA countries to submit questions on the interpretation of EEA law nor produces binding outcomes. In its decision in Irish Bank Resolution Corporation and Kaupthing Bank, however, the EFTA Court suggested – at least between the lines – that matters might not be just as simple as that. For the present comment, I am not so much interested in the

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Benedikt Pirker, The EFTA Court establishes that courts against whose decisions there is no judicial remedy under national law should request an advisory opinion in compliance with their duty of loyalty (Irish Bank Resolution / Kaupthing Bank), 28 September 2012, e-Competitions Bulletin ECHR, Art. N° 64198

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