Judgment Approved by the court for handing down. Davis & Ors v SSHD understandably, opposed the late request to refer the case to Luxembourg. We heard oral argument on this issue on 9 July 2015. 105. The Swedish case is not the only decision of a domestic court of another Member State concerning Digital Rights Ireland to which we have been referred. Mr Welch, solicitor for Mr Davis and Mr Watson, has referred us to four decisions in other Member States, three of them by Constitutional Courts, holding their country’s communications data legislation invalid without finding it necessary to make a reference to the CJEU: the Constitutional Court of Slovenia on 3 July 2014; the Constitutional Court of Romania on 8 July 2014; the District Court of The Hague on 11 March 2015 and the Constitutional Court of Belgium on 11 June 2015. Some of the translations we have of those judgments are unofficial, and the details of each country’s laws under scrutiny are of course not identical: but the general theme is clear. 106. Mr Eadie relied on the judgment of Sir Thomas Bingham MR in R v Stock Exchange ex p Else Ltd [1993] QB 534 at 545, where he said: “I understand the correct approach in principle of national courts (other than a final court of appeal) to be quite clear: if the facts had been found and a community law issue is critical to the court’s final decision, the appropriate course is ordinarily to refer the issue to the Court of Justice unless the national court can with complete confidence resolve the issue itself. In considering whether it can, with complete confidence resolve the issue itself, the national court must be fully mindful of the differences between national and Community legislation, of the pitfalls which face a national court venturing into what may be an unfamiliar field, of a need for uniform interpretation throughout the community and of the great advantages enjoyed by the Court of Justice in construing Community instruments. If the national court has any real doubt, it should ordinarily refer.” 107. It seems to us that in Else the Master of the Rolls primarily had in mind issues of EU law which have arisen without there being an existing judgment of the CJEU giving that court’s ruling on them. The dicta are less obviously applicable where the CJEU has pronounced judgment and the domestic court is being asked to interpret what it meant. In Trinity Mirror v Commissioners of Customs and Excise [2001] 2 CMLR 33 Chadwick LJ cited the above passage from Else and continued: “52. But it is, I think, important to have in mind, also, the observations of the Advocate-General (Mr Francis Jacobs QC) in Case C-338/95, Wiener SI GmbH v. Hauptzollamt Emmerich. The question which he thought it necessary to address is stated at paragraph 10 of his Opinion: … whether it is appropriate—and especially whether it is still appropriate today, in view of developments which I shall mention below—for the Court to be asked