Member

There are further causes for concern at this particular Commission notice. First, the notice begins with the heading, in very large capitals, “DISCLAIMER”. This is very unusual: we have only discovered one other time when this happened, and it is designed to underline the tentative nature of this interpretation. Secondly, the nature of the warning itself is blunter. Rather than saying that their reflections are without prejudice to the role of the courts as the ultimate arbiter, the notice says that only the Court of Justice can do authoritatively what it is now going to do: interpret the law. I quote from that: