CASE COMMENT: PROCEDURES (FRANCE) - ECJ PRELIMINARY RULING - NATURE OF THE NCA

Preliminary ruling: The ECJ holds that the NCAs are not court for the purpose of preliminary ruling (Syfait)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 31 May 2005, Synetairismos Farmakopoion Aitolas & Akarnanias (Syfait) a. o. v. Glaxo, case C-53/03 At the time of publication of this review, the Syfait decision will no doubt have been widely commented on (see, among others, in the electronic bulletin of this review, note A. KOMNINOS, e-Competitions, July 2005, Vol. 2, www.concurrences.fr). Some already agree to regret such a decision (L. IDOT, Europe, July 2005). The case is indeed heard. Most national authorities will not be able to refer preliminary questions to the Court of Justice. This is the result of the Syfait judgment, in which the Court of Justice denied national competition

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Chantal Momège, Preliminary ruling: The ECJ holds that the NCAs are not court for the purpose of preliminary ruling (Syfait), 31 May 2005, Concurrences N° 3-2005, Art. N° 1056, pp. 116-117

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