Keywords
Summary

Keywords

Preliminary rulings - Reference to the Court - National court or tribunal within the meaning of Article 234 EC - Definition - Landesgericht acting as a court responsible for maintaining the register of companies and delivering decisions outside the context of disputes - Excluded

(Art. 234 EC)

Summary

$$It follows from Article 234 EC that a national court may refer a question to the Court only if there is a case pending before it and if it has been called upon to give judgment in proceedings intended to lead to a decision of a judicial nature.

When it takes an administrative decision without at the same time being required to resolve a legal dispute, the Landesgericht (Regional Court) Wels (Austria) cannot therefore make a reference to the Court. That is the position when it is ruling in its capacity as a Handelsgericht (commercial court) pursuant to the national provisions governing the obligations on certain types of companies to disclose their annual accounts and annual report. When so acting, as it is not dealing with a dispute but is simply maintaining a register of companies, the Landesgericht limits itself to establishing whether the statutory requirements as to disclosure have been satisfied and, if necessary, orders production of those accounting documents on pain of a periodic penalty.

( see paras 13-15 )