Analysis: “The Future of the ‘Purely Internal Rule’: Two Cases to Watch Closely” by Amedeo Arena
On 3 September 2020, Advocate General Bobek and Advocate General Szpunar delivered their Opinions, respectively, in J&S (C-620/19), and in Bonver Win (C-311/19). Their arguments might have a profound impact on the development of the doctrine introduced by the Court of Justice in 1979 known as the ‘purely internal rule’.
According to the ‘purely internal rule’, as recently codified in Ullens de Schooten, the fundamental freedoms in the TFEU ‘do not apply to a situation which is confined in all respects within a single Member State’ (the so-called ‘purely internal situations’). As a procedural corollary to that rule, preliminary questions concerning the interpretation of fundamental freedoms arising from domestic proceedings con