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Fishing (Appeals To European Court)

Volume 35: debated on Monday 17 January 1983

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asked the Attorney-General on what basis appeals to the European Court against prosecutions and convictions for infringing British national measures in fishing will be possible.

There is no right of appeal to the European Court of Justice against a conviction imposed by a United Kingdom court. But where a case which is before a United Kingdom court necessarily turns on a question of the interpretation of Community law, the domestic court may—and in certain circumstances must—obtain a preliminary ruling on that question from the European Court of Justice before determining the case.