Sulla riformulazione dei criteri CILFIT. le Conclusioni dell’A.G. Bobek nel caso Consorzio Italian Management e Catania Multiservizi

In its opinion of 15th April 2021 in case C-561/19, Consorzio Italian Management and Catania Multiservizi (ECLI:EU:C:2021:291) AG Bobek proposed to revise the CILFIT criteria which famously concern the duty of the National courts of last instance to request a preliminary ruling. After a brief analysis on the controversial relationship between discretion and duty to request a preliminary ruling, this Insight focuses critically on the three cumulative conditions under which, according to AG Bobek, national judges of last instance have a duty to refer and, in particular, on the condition concerning the existence of a general issue of interpretation of EU law. In the last section, the Insight argues that this condition would downgrade the binding effect of a preliminary ruling and would make it similar to the advisory opinions envisaged by Protocol n. 16 to the European Convention of Human Rights.