The decision to refer a question to the ECJ can be made by the court of its personal initiative, or at the request of any of the events earlier than it.
Recently settled a declare at mediation against a solicitor for his or her negligent handling of a probate dispute. As increasingly individuals access our justice system without legal representation due to the abolition of most authorized support, the normal follow of asking a solicitor law firm to write up the order might have to be reconsidered but this is prone to take a while.
Where a query of European law is doubtful and there is no enchantment from the decision of a courtroom, it is required (besides under the doctrine of acte clair ) to refer the question to the ECJ