Kenny Roland Lyckeskog
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''Criminal proceedings against Kenny Roland Lyckeskog'' (2002
C-99/00
is an
EU law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
case, concerning
preliminary references A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law that is given in response to a request (preliminary reference) from a court or a tribunal of a member state. A preliminary rul ...
to the
Court of Justice of the European Union The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the Judiciary, judicial branch of the European Union (EU). Seated in the Kirchberg, Luxembourg, Kirchberg quart ...
.


Facts

Under Swedish law, the court of appeal, ''hovrätt'' cannot send appeals to the supreme court, because the '' Högsta domstol'' must allow it to be admitted. The question was whether it had to make a reference to the Court of Justice.


Judgment

The Court of Justice held a national court whose decisions can only be appealed if the supreme court declares it admissible is not a court against whose decision there is no judicial remedy. However, if a question of interpretation arises, the ''Högsta domstol'' is under an obligation under art 234(3) to make a reference, either when examining admissibility or later.


See also

*
European Union law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...


Notes

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References

* Court of Justice of the European Union case law