Benallal v Etat belge

European Union – Freedom of movement. The Court of Justice of the European Union gave a preliminary ruling, deciding that EU law should be interpreted as meaning that where, in accordance with the applicable national law, a plea alleging infringement of national law raised for the first time before the national court hearing an appeal on a point of law was admissible only if that plea was based on public policy, a plea alleging infringement of the right to be heard, as guaranteed by EU law, raised for the first time before that same court, had to be held to be admissible if that right, as guaranteed by national law, satisfied the conditions required by national law for it to be classified as a plea based on public policy, that being a matter for the referring court to determine.

Category: