Question One You must answer all parts of this question Jane runs a meeting group for parents

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Question One You must answer all parts of this question Jane runs a meeting group for parents with babies and toddlers, the "Group for Babies and Toddlers" (GBT) in the town of Glead, Ireland. She charges a small fee to participants and rents a room from Finbar, a local landlord, at 50 euros per hour. Jane finds this to be a reasonable rent, based on a study of similar rates in the area. Jane donates any profits to local charities. Jane becomes aware that GBT may be entitled to a rent rebate (a reduction in rent) under the terms of (fictitious) EU Regulation 50/2018 (the Regulation), the relevant part of which reads: (1) Any person providing a service for the community shall be provided with a 25% rebate of all costs incurred for such purposes. The rebate shall be approved and administered by the Member State.

(2) For the purposes of Article 1, the rebate shall be offset against payment for premises required for the service in question.

Jane writes to Glead Council, requesting a rebate of the rental costs incurred by GBT. She cites the terms of the Regulation and provides receipts. Within a week, Jane receives the following response from Glead Council:

"We are unable to meet your claim given the nature of the activity you are carrying on. Whilst clearly a valuable service to the local area, we cannot agree that a meeting group for expectant mothers constitutes a 'service for the community' within the terms of the Regulation, given the small subsection of society that stands to benefit."

Consider the following scenarios and, in each case, assess the application of Article 267 TFEU. For the avoidance of doubt, you are not required to discuss any legal issues surrounding the judicial review process under national law.

(a) Jane applies to the Irish High Court for a judicial review of Glead Council's decision. Jane has a law degree, but is not a practicing lawyer. She conducts some research and discovers a 2019 judgment of the Court of Justice of the European Union (CJEU) holding that a meeting group for prospective parents (mothers and fathers) should be entitled to the rebate set out in the Regulation. She also discovers a decision in an Italian national court where a similar club to her own was held to qualify for the rebate. Should the Irish High Court make a preliminary reference to the CJEU?

(b) The Irish High Court finds in Jane's favour and awards the rebate, favouring a broad interpretation of the terms of the Regulation. However, Glead Council appeals to the Irish Court of Appeal which overturns the decision of the Irish High Court without making a preliminary reference to the CJEU. Jane feels that given the previous court decisions on this issue, the Irish Court of Appeal should have made a preliminary reference to the CJEU.

Explain whether Jane's view is correct

(c) Jane has been granted leave to appeal to the Irish Supreme Court and, although she is struggling to keep up with mounting costs, she would like to pursue every legal avenue available. Jane now assumes that the Irish Supreme Court must automatically make a reference to the CJEU before ruling on her case

. Explain whether Jane's assumption is correct.

(d) The Irish Supreme Court ultimately rules in Glead Council's favour. Jane feels that the Irish courts have not handled this matter appropriately and would like to pursue a claim for compensation for the losses she has suffered.