Abstract

POZO, Carlos Francisco Molina del  and  DOMINGUEZ, Enrique Manuel Puerta. The inadmissibility of preliminary ruling sent by national administrative bodies (regarding the judg-ment of the court of justice of the European Union of September 16, 2020, Anesco and others v / National Commission of Markets and Competition, relapse into the matter 462/19). Rev. secr. Trib. perm. revis. [online]. 2021, vol.9, n.18, pp.12-41. ISSN 2304-7887.  https://doi.org/10.16890/rstpr.a9.n18.p12.

Element of flexibility as well as controversial, assessments made by the EU Court of Justice regard-ing preliminary rulings referred to it constitute an expression of distinctive judicial independence. Such positions have led in some cases to a refusal to answer the doubts submitted from national administrative departments. Faced with such disturbing examples, this study proposes a scientific methodology for a better understanding, by taking into account one of the most recently produced, which precisely affects a Spanish administrative body.

Keywords : Preliminary ruling; inadmissability; administrative bodies; national.

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