In case of a refusal of a national court of last instance to make a preliminary reference to the ECJ, the Commission considers Article 267(3) TFEU as violated "only when there is a recurring problem in a Member State that prevents a case from being referred to the EU Court of Justice, manifest disregard or a deliberate attitude by a national court." Such a narrow understanding was already presented in its reply to written question no. 608/78 (OJEC C28, 31.1.1979, p. 9).
The problem of this view is that it always remains an open question what is a "manifest disregard".
In the case Ullens de Schooten and Rezabek v. Belgium, the Court found no violation of the right to a fair hearing. The case concerned the refusal of the Belgian jurisdictions to refer questions to the Court of Justice of the European Union.
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