Guidelines on a Reference for Preliminary Ruling
set out the tenor of any applicable national provisions and identify, where
necessary, the relevant national case-law, giving in each case precise
references (for example, a page of an official journal or specific law report, with
any internet reference)
identify the East African Community law provisions relevant to the case as
accurately as possible;
- explain the reasons which prompted the national court to raise the question
of the interpretation or validity of the East African Community law provisions,
and the relationship between those provisions and the national provisions
applicable to the main proceedings;
- include, if need be, a summary of the main relevant arguments of the
parties to the main proceedings.
In order to make it easier to read and refer to the document, it is helpful if the
different points or paragraphs of the order for reference are numbered.
21. Finally, the referring court may, if it considers itself able, briefly state its
view on the answer to be given to the questions referred for a preliminary
ruling.
22. The question or questions themselves should appear in a separate and
clearly identified section of the order for reference, generally at the beginning or
the end. It must be possible to understand them without referring to the
statement of the grounds for the reference, which will however provide the
necessary background for a proper assessment.
The effects of the reference for a preliminary ruling on the national
proceedings
23. A reference for preliminary ruling calls for the national proceedings to be
stayed until the East African Court of Justice has given its ruling.
24. However, the national court may still order protective measures,
particularly in connection with a reference on determination of validity (see
point 15 above).
Costs and legal aid
25. Preliminary ruling proceedings before the East African Court of Justice are
free of charge and the Court does not rule on the costs of the parties to the
main proceedings; it is for the national court to rule on those costs.
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