How to Make a Unicorn or ‘There Never Was an “Acte Clair” in EU Law’: Some Remarks about Case C-561/19 Consorzio Italian Management

In its judgment in Consorzio Italian Management, the Court of Justice has gone some way to solving riddle that since beginning European integration remained one most important and widely discussed doctrines EU law: concerns obligation national courts last instance refer questions interpretation law for a preliminary ruling Court. The doctrine question exceptions this obligation, solidified four decades ago landmark CILFIT ruling. More specifically, exception make reference is found situations where meaning provision clear beyond reasonable doubt. This contribution discusses whether how Court’s Management adjusts recalibrates particular exception, which despite name it was usually referred – ‘acte clair’ still remains unclear. To explain what, if anything, changes after discussion will go back origins clair’, initially pronounced CILFIT. Keywords: procedure, Article 267(3) TFEU, instance, refer, exceptions, CILFIT, clair’.   work licensed under Creative Commons Attribution − Non-Commercial No Derivatives 4.0 International License. Suggested citation: D Petrić, ‘How Make Unicorn or “There Never Was an ‘Acte Clair’ Law”: Some Remarks about Case C-561/19 Management’ (2021) 17 CYELP 307.