Judgment Approved by the court for handing down. Davis & Ors v SSHD to rule in every case where a question of interpretation of Community law may arise. He identified the matter which was of practical concern to the Court of Justice, at paragraph 15: “Any “application” of a rule of law can be regarded as raising a question of “interpretation”—even if the answer to the question of interpretation may seem obvious. Every national court confronted with a dispute turning on the application of Community law can refer a question which, if more or less properly phrased, this Court is bound to answer after the entire proceedings have taken their course. That will be so even where the question is similar in most respects to an earlier question; the referring court (or the parties' lawyers) may always seek to distinguish the facts of the cases. It will be so even where the question could easily, and with little scope for reasonable doubt, be answered on the basis of existing case law; again the facts may be different, or it may be that a particular condition imposed in earlier case law gives rise to a new legal argument and is regarded as needing further clarification. The net result is that the Court could be called upon to intervene in all cases turning on a point of Community law in any court or tribunal in any of the Member States. It is plain that if the Court were to be so called upon it would collapse under its case-load.” The solution is “a greater measure of self-restraint on the part of both the national courts and the Court of Justice”—see paragraph 18. Where the national court is not a court of last resort, a reference will be most appropriate where the question is one of general importance and where the ruling is likely to promote the uniform application of the law throughout the European Union. A reference will be least appropriate where there is an established body of case law which could readily be transposed to the facts of the instant case...” 108. A reference was refused in Trinity Mirror because, as Chadwick LJ put it at [55], “the question of principle has been decided by the Court of Justice and a national court or tribunal can now act in the light of that decision”. 109. We take the same view in this case. The Claimants’ objections to a reference are well founded for several reasons. 110. Firstly, we are not the domestic court of last resort. We do not doubt that the questions raised in this case are of general importance, but we do not consider that to refer the present case to Luxembourg is likely to promote the uniform application of the law throughout the EU: the CJEU has given general guidance already in Digital Rights

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