“…C), it was said that, pending further clarification of the law by the Court of Justice, it is uncertain whether it would do so. In SSHD v Franco Vomero (Italy) [2016] UKSC 49, the Supreme Court summarised the position as follows:…”
“…ddock submitted that this left those questions undecided and unclear, as the Supreme Court had thought in the judgment referring the questions to the CJEU: see [2016] UKSC 49; [2017] 1 CMLR 3 at [20] per Lord Mance. Whether that is correct or not (and it is to be noted that the Supreme Court did not consider that the second and thir…”