1 / 6

Dr. Georgios Matsos, LL.M. Thessaloniki, Greece

Consequences of the Acte Clair Doctrine for the Greek Courts – Questions of Temporal Effect Lisbon, 17 – 18 September 2007. Dr. Georgios Matsos, LL.M. Thessaloniki, Greece. Acte clair/ Acte éclairé. Naturally a part of EC Law, where almost no ECJ case law exists

mtincher
Download Presentation

Dr. Georgios Matsos, LL.M. Thessaloniki, Greece

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Consequences of the Acte Clair Doctrine for the Greek Courts – Questions of Temporal EffectLisbon, 17 – 18 September 2007 Dr. Georgios Matsos, LL.M. Thessaloniki, Greece

  2. Acte clair/ Acte éclairé • Naturally a part of EC Law, where almost no ECJ case law exists • “Courtesy” (of high political and legal importance) by EC Treaty to the national legal orders/ national Courts • Scholars/ national Courts have, thus, in principle the task to define the Acte clair/ Acte éclairé doctrine Greece

  3. Acte claire/éclairé doctrine as instructions to national Courts • Acte claire: Don’t refer if it is obvious • Acte éclairé (CILFIT): Don’t refer if ECJ has already decided on a similar matter. • Thus: Don’t refer only if law resources from EU organs give sufficient evidence on interpretation of EC Law • But: Refer in any other case Greece

  4. Behavior of Greek Courts (1) • I don’t refer, because I want national law to prevail (incorrect stance) • I don’t refer, because I feel sure of myself on the interpretation (incorrect?) • I refer, because I am not sure (correct) • I don’t refer, because it is obvious (correct) • I refer, even if it is obvious (incorrect) Greece

  5. Behavior of Greek Courts (2) • No cases known in tax law, several known in other areas of law • The usual behavior of the Supreme Court (e.g.: Mergers Judgment, StE 2393-4/2004) • E.g.: Athinaiki Zythopoiia (C-294/99) • E.g.: Bananas Judgment (StE 2786/2006) • E.g.: Royal Bank of Scotland (C-311/97) Greece

  6. Temporal Effects • Temporal Effects of Greek judgments always ex tunc • Application of judgments ex nunc non-natural for Greek Courts • Thus, in practice, Greek Courts will always apply ECJ Judgments ex tunc, unless otherwise ruled by the ECJ. Greece

More Related