Il C.D. uso alternativo del rinvio pregiudiziale di interpretazione

This article aims to show that, contrary to popular opinion, the interpretative judgments of the Court of Justice of the European Union, which use the terms “precludes” or “does not preclude”, are genuine judg- ments on the conformity of a national act or measure with EU law. This article also aims to illustrate the compatibility of those judgments with the model of Article 267 TFEU. This conclusion is supported not by the fact that such judgments are devoid of application profiles, but because they remain within the scope of the interpretative function of the Court of Justice, un- derstood not as abstract interpretation, but as an interpretation which con- tributes to the resolution of the concrete case pending before the referring court.