We represented a Nigerian state-owned company, Asset Management Corporation of Nigeria, in an oral hearing in a case against the aviation company Lufthansa before the Court of Justice of the European Union in Luxembourg. The case is unique in that it is very rare for the Court of Justice of the European Union to examine preliminary questions during the oral procedure.
The subject matter of the proceedings was the interpretation and application of the provisions of EU laws. Taking into account the complexity of the legal issues in this case and requests from the parties, the Court of Justice of the EU decided to examine the preliminary questions, submitted by the Supreme Court of Lithuania the Court of Justice, during the oral proceedings, with the examination being done by a panel of five judges and the advocate general. Not only the parties to the case, but also representatives of the European Commission and the Government of the Republic of Lithuania have expressed their opinion on questions referred for preliminary ruling.
The current case-law of the Court of Justice of the EU on examined provisions is limited; therefore, the upcoming decision will be a tremendous contribution to the unified interpretation and application of provisions throughout the EU.