tag:blogger.com,1999:blog-5574479.post1989133180904932131..comments2024-03-29T06:00:27.896+00:00Comments on The IPKat: Battle for Waterford continuesVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5574479.post-72394988371785348872007-09-03T15:10:00.000+01:002007-09-03T15:10:00.000+01:00But there are ways of asking for guidance. Alas, t...But there are ways of asking for guidance. Alas, the process is difficult to manipulate on appeals from the CFI, but on references for preliminary rulings I'm sure it can be done: (i) ask your question, (ii) explain why you're asking that particular question and not another one, (iii) suggest what you think is the right answer and (iv) give a clear account of your reasoning for it, then (v) close your eyes and pray fervently that your reference doesn't coincide with bees which may be residing under the Advocate General's bonnet. The ECJ's work-load, the need for the ECJ to retain unanimity and the fact that your suggested answers represent the line of least resistance may just get you a statement that the law is exactly what you want to be.Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-92167723951792695582007-09-03T13:57:00.000+01:002007-09-03T13:57:00.000+01:00To misquote a well-known phrase, if the answer is ...To misquote a well-known phrase, if the answer is more guidance from the ECJ, we are asking the wrong question.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-61956636973498260022007-09-03T11:20:00.000+01:002007-09-03T11:20:00.000+01:00I'd encourage any guidance - however arbitrary a...I'd encourage <I>any</I> guidance - however arbitrary and devoid of reason it might be - if it created a substantially degree of stability and predictability than that which we have already. We're talking here about an application that was filed in 1999, the fate of which is still open to speculation and alternative outcomes nearly eight years later and with more litigation to come.Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-89605644317498594302007-09-03T10:44:00.000+01:002007-09-03T10:44:00.000+01:00Groan......Jeremy, you really must not encourage f...Groan......<BR/><BR/>Jeremy, you really must not encourage further "guidance" from the European Courts. <BR/><BR/>If it is recognised that the problem is too much guidance from these sources, and that the whole system needs to prevent, rather than encourage "another bite of the cherry type" appeals then there may be light at the end of the tunnel. <BR/><BR/>Somehow however I do not think this will happen.Anonymousnoreply@blogger.com