Acte clair meaning

Acte clair describes when a court of final appeal decides a point of EU law itself, without making a preliminary reference to the Court of Justice of the European Union, because the correct interpretation is so obvious that no reasonable doubt exists. The doctrine is judge‑made EU case law (not legislation), developed in CILFIT, and qualifies the duty in Article 267(3) TFEU. It applies only to courts against whose decisions there is no further judicial remedy. The threshold is stringent: the court must be satisfied the answer is equally clear across the official EU languages, consistent with existing CJEU authority, and coherent in the wider EU law context. It is distinct from acte éclairé, where the CJEU has already settled the point. Used sparingly, it avoids delay and cost of a reference but carries risk if misapplied. Jurisdiction: - Ireland: fully applicable. Irish courts of last instance must refer unless acte clair (or acte éclairé) applies. - United Kingdom (England & Wales, Scotland and Northern Ireland): post‑Brexit, preliminary references generally ceased. Acte clair remains relevant only in limited areas, notably (i) citizens’ rights under Article 158 of the Withdrawal Agreement (until 31 December 2028), and (ii) Northern Ireland matters under the Windsor...