Consequences of the Acte Clair Doctrine for the Greek Courts – Questions of Temporal Effect Lisbon, 17 – 18 September 2007 Dr. Georgios Matsos, LL.M. Thessaloniki, Greece

Greece2 Acte clair/ Acte éclairé Naturally a part of EC Law, where almost no ECJ case law exists “Courtesy” (of high political and legal importance) by EC Treaty to the national legal orders/ national Courts Scholars/ national Courts have, thus, in principle the task to define the Acte clair/ Acte éclairé doctrine

Greece3 Acte claire: Don’t refer if it is obvious Acte éclairé (CILFIT): Don’t refer if ECJ has already decided on a similar matter. Thus: Don’t refer only if law resources from EU organs give sufficient evidence on interpretation of EC Law But: Refer in any other case Acte claire/éclairé doctrine as instructions to national Courts

Greece4 Behavior of Greek Courts (1) 1.I don’t refer, because I want national law to prevail (incorrect stance) 2.I don’t refer, because I feel sure of myself on the interpretation (incorrect?) 3.I refer, because I am not sure (correct) 4.I don’t refer, because it is obvious (correct) 5.I refer, even if it is obvious (incorrect)

Greece5 Behavior of Greek Courts (2) 1.No cases known in tax law, several known in other areas of law 2.The usual behavior of the Supreme Court (e.g.: Mergers Judgment, StE /2004) 3.E.g.: Athinaiki Zythopoiia (C-294/99) 4.E.g.: Bananas Judgment (StE 2786/2006) 5.E.g.: Royal Bank of Scotland (C-311/97)

Greece6 Temporal Effects Temporal Effects of Greek judgments always ex tunc Application of judgments ex nunc non- natural for Greek Courts Thus, in practice, Greek Courts will always apply ECJ Judgments ex tunc, unless otherwise ruled by the ECJ.