December 02
2021
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19th October 2021
Energy & Transport External Relations & Trade Justice & Litigation

Op-Ed: “Komstroy (C-741/19): What is in the seat?” by Gillian Cahill

This contribution is part of the EU Law Live Symposium on the Court of Justice’s judgment in Republic of Moldova v Komstroy LLC (C-741/19). See also the Op-Eds by Edoardo Stoppioni, Michael de Boeck, Alessandro Monti & Matteo Fermeglia, Andrés Delgado Casteleiro and Paschalis Paschalidis.

After five previous Op-Eds in this Symposium, the facts of the Komstroy case (C-471/19) are clear. As are its peculiarities. The Court of Justice pursuant to Article 267 TFEU answers a question that it was not asked by the referring court nor was necessary for the resolution of the dispute before that court. Two elements that usually raise automatic admissibility/jurisdiction red flags and lead the Court of Justi

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