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Rule 45 Court of Justice of the European Union

Original text. Later amendments are not shown.

(1)

Where it is contended on an application for permission to appeal that it raises a question of European Union law which should be the subject of a reference to the Court of Justice of the European Union under—

(a)

articles 158 or 160 of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community; or

(b)

article 12 of the Protocol on Ireland/Northern Ireland,

and permission to appeal is refused, the panel of Justices shall give brief reasons for its decision.

(2)

Where on an application for permission to appeal, a panel of Justices decides to make a reference to the Court of Justice of the European Union before determining the application, it shall give consequential directions as to the form of the reference and the staying of the application (but it may if it thinks fit dispose of other parts of the application at once).

(3)

Where at or before the hearing of an appeal the Court decides to make a reference to the Court of Justice of the European Union it shall give consequential directions as to the form of the reference and the staying of the appeal (but it may if it thinks fit dispose of other parts of the appeal at once).

(4)

An order of the Court must be prepared and sealed by the Registrar to record any decision made under this rule.