Edited By Leszek Leszczyński, Bartosz Liżewski and Adam Szot
This book is devoted to various aspects of the potential of precedent as a legal category and the precedential practice as an element of the law in statutory legal orders. It presents a complex approach to the problems involved in precedential practice, including its theoretical consideration and generalization of the practical use of prior judicial decisions as precedents (based on the observation of Polish and European judicial practice) as well as comparative and prospective remarks dealing with the role of precedents in the statutory law order.
Ewa Skrzydło-Tefelska: The Precedent in Jurisprudence of the Court of Justice of the European Union (CJEU) – Selected Judgments on Trademarks
The Precedent in Jurisprudence of the Court of Justice of the European Union (CJEU) – Selected Judgments on Trademarks
Abstract: The article discusses the role of the CJEU and its case law in the structures of the European Union. The CJEU is the only institution authorized to interpret the EU law. By interpretation of the law the Court goes beyond the content of the written legal acts and through its judgments creates its own rules of law which are ranked very high in the system of sources of law of the EU. However, it is difficult to answer the question if the judgment of this Court might be considered as the precedent in the meaning existing in the common law systems. Advocate General Trstenjak expressed the view that the concept of precedent is absent in the system of the EU law. This is due to the fact that European Communities at the first stage were created by the states belonging to the continental system of law. In view of AG Trstenjak, the judgment of the CJEU is not a precedent since if we adopt a different standpoint a deviation from the opinion expressed by the Court in its preliminary ruling interpreting the Treaties would require their revision. The opinion of AG was confirmed by the up to date case law of the CJEU. This conclusion is not confirmed by the recent judgments of the CJEU in trademark matters. In the analysed verdicts the Court quashed appealed judgments of the General Court (GC) on the grounds that the GC did not follow the earlier judgments...
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