Commissioner McGrath, answering a parliamentary question from MEP Marion Walsmann (PPE), defended the existing legal framework for ensuring national courts of last instance comply with their obligation to refer preliminary questions to the Court of Justice of the European Union (CJEU). The answer, which impacts EU citizens and businesses seeking uniform application of EU law, relies on a recent CJEU judgment to clarify the obligations of national courts and the Commission's enforcement tools.
The question, submitted on 11 February 2026, follows up on Walsmann's earlier inquiry (E-004470/2025) and highlights the lack of a direct legal remedy in Germany for individuals when a court of last instance refuses to make a referral. Walsmann argued this jeopardises the uniform application of EU law and undermines Article 19(1) TEU and Article 47 of the Charter of Fundamental Rights.
McGrath's answer does not propose new legislation or concrete measures. Instead, it points to the CJEU's judgment of 24 March 2026 in Case C-767/23 (Remling), which reaffirmed that a national court of last instance must give specific reasons if it refuses to refer, citing one of three exceptions: lack of relevance, already interpreted EU law, or acte clair. The Commission, McGrath stated, monitors structural deficits in the preliminary ruling dialogue and may launch infringement proceedings under Article 258 TFEU if a Member State adopts legislation preventing proper judicial cooperation or if evidence shows a systematic breach.
Policy orientation and institutional follow-up The answer signals a cautious, enforcement-based approach rather than legislative action. The Commission relies on the CJEU's evolving case law to strengthen obligations on national courts, avoiding new EU-level remedies. This favours judicial dialogue over regulatory intervention, maintaining the current balance between EU oversight and national procedural autonomy. No timeline for further action was given; the Commission will continue monitoring and may act on a case-by-case basis through infringement procedures if systemic failures emerge.
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