[2006] EWCA Civ 1044 the Court of Appeal for England together with Wales (Lords Justices Waller, Jonathan Parker together with Jacob LJ) turned downwards an application to cite Nova Productions Ltd v Mazooma Games Ltd together with others (noted here by the IPKat) to the European Court of Justice for a preliminary ruling. This was because Nova's appeal against the decision of Mr Justice Kitchin could in all likelihood move determined without the quest for such a ruling.
As Lord Justice Jacob indicated, whichever means a ruling mightiness go, Nova would in all likelihood nonetheless neglect to found infringement on the facts: either what was taken past times the accused was insubstantial or, if it were substantial, it was the taking of no to a greater extent than than an idea. If, next the hearing, the courtroom did determine to cite anything to the ECJ, it would move able to formulate its enquiry to a greater extent than just together with give its ain sentiment on the questions to move referred. In contrast an ECJ reference, patch non necessarily existence of whatsoever assistance, would definitely motility delay together with increase costs.
thinks this plainly sensible. While nosotros all savor a practiced ECJ reference from fourth dimension to time, nosotros must cry upward that the ECJ is non merely around form out of Brains Trust - it must move invoked exclusively where necessary for the resolution of a dispute. Merpel speculates, though, that it would move squeamish to found a form out of legal think-tank for deciding questions for which no-one truly needs the answer: it could move a harmless means of keeping academics occupied during those long, hot summers ...Above, left: in i lawsuit it finishes amongst Nova v Mazooma, the adjacent copyright illustration for the Court of Appeal is the Da Vinci Code appeal.
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