S.L. 12.9 Art. 21References to the Court of Justice of the European Communities under Article 234 of the EC Treaty.

(1) It shall be the responsibility of the court, not the parties, to settle the terms of the reference to the Court of Justice of the European

Union, although the court shall allow the parties to make submissions on the manner in which the reference is to be drawn up. The reference shall identify as clearly, succinctly and simply, as the nature of the case permits, the question to which the Maltese court seeks an answer.

(2) The referring court shall in a single document scheduled to the order:

(a) identify the parties and summarise the nature and history of the proceedings;

(b) summarise the salient facts, indicating whether these are proved or admitted or assumed;

(c) make reference to the rules of national law (substantive and procedural) relevant to the dispute;

(d) summarise the contentions of the parties so far as relevant;

(e) explain why a ruling of the Court of Justice of the European Communities is sought, identifying the provisions of Community law whose effect is in issue;

(f) formulate, without avoidable complexity, the question(s) to which an answer is requested.

(3) Where the document is in effect a decree, as will often be convenient, passages which are not relevant to the reference shall be omitted from the text scheduled to the order. Incorporation of appendices, annexes or enclosures as part of the document shall be avoided, unless the relevant passages lend themselves readily to translation and are clearly identified.

(4) The referring court shall ensure that the order of reference, when finalised, is promptly passed to the Registrar, Civil Courts and Tribunals, or the Registrar, Gozo Courts and Tribunals, as the case may be, so that it may be transmitted to the Court of Justice of the European Communities without avoidable delay.

(5) The title of the referring court shall also be clearly stated.

Part XI - Court Practice and Procedure regarding Witnesses Not Subpoenaed