Decision by the Svea Court of Appeal, 25 April 2019, Case No. T 4658-18

The Kingdom of Spain urged the Court of Appeal to request a preliminary ruling from the Court of Justice of the European Union in order to clarify whether Article 26 of the ECT is applicable between the member states of the European Union, and if that is the case, whether Article 26 of the ECT is compatible with the European Union’s primary law.

The Court of Appeal concluded, based on the arguments before the court, that a request for a preliminary ruling from the Court of Justice of the European Union was not justified at the moment.