FABIO SPITALERI, Reference for a Preliminary Ruling and Stay of the Main Proceedings: BK and ZhP

ABSTRACT – This post examines the BK and ZhP judgment, in which the Court ruled that Article 23 of the Statute does not preclude a national court which has made a request for a preliminary ruling under Article 267 TFEU from staying the main proceedings only with regard to those aspects that are likely to be affected by the Court’s response to that request. The post emphasises the innovative nature of the judgment and, at the same time, its consistency with previous case law. Furthermore, it indicates the reasons why the national court should act with caution before deciding to suspend the main proceedings only partially.


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