Keywords
Summary

Keywords

1. Preliminary rulings - Reference to the Court - Whether the decision to refer a matter has been taken in accordance with the rules of national law governing the organisation of the courts and their procedure - Not for the Court to determine

(Art. 234 EC)

2. Preliminary rulings - Jurisdiction of the Court - Limits

(Art. 234 EC)

3. Preliminary rulings - Admissibility - Questions unaccompanied by sufficient information as to their factual and legislative context - Manifest inadmissibility

(Art. 234 EC; EC Statute of the Court of Justice, Art. 20)

4. Preliminary rulings - Reference to the Court - Appraisal by the national courts

(Art. 234 EC)

Summary

1. In proceedings under Article 234 EC, in view of the distribution of functions between the Court of Justice and the national court, it is not for the former to determine whether the decision whereby a matter is brought before it was taken in accordance with the rules of national law governing the organisation of the courts and their procedure.

( see para. 10 )

2. In proceedings under Article 234 EC the Court may not rule on the conformity of national measures with Community law. It may however extract from the wording of the questions formulated by the national court, and having regard to the facts stated by the latter, those elements which concern the interpretation of Community law for the purpose of enabling that court to resolve the legal problem before it.

( see paras 11-12 )

3. The need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court define the factual and legislative context of the questions it is asking or, at the very least, explains the factual circumstances on which those questions are based. Those requirements are of particular importance in the sphere of competition which is characterised by complex factual and legal situations.

The information provided in orders for reference must not only be such as to enable the Court usefully to reply but must also make it possible for the governments of the Member States and other interested parties to submit observations pursuant to Article 20 of the Statute of the Court of Justice. Since, pursuant to that provision, only the orders for reference are notified to the interested parties, the fact that the national court refers to the observations submitted by the parties to the main proceedings - which, moreover, are likely to contain differing accounts of the dispute - is not sufficient to safeguard the right of each party to submit observations. Furthermore, it is essential that the national court should give at the very least some explanation of the reasons for the choice of the Community provisions which it requires to be interpreted and on the link it establishes between those provisions and the national legislation applicable to the dispute.

An order for reference that does not explain the connection between the provisions of which it seeks interpretation and the factual situation or the national legislation applicable does not contain sufficient information to satisfy these requirements, and is therefore manifestly inadmissible.

( see paras 14-19, 25-26 )

4. Article 234 EC establishes a procedure for direct cooperation between the Court of Justice and national courts, in the course of which the parties are only requested to submit observations within the legal framework laid down by the court making the reference. Within the limits laid down by Article 234 EC, it is thus for national courts alone to decide the principle and the purpose of any reference to the Court of Justice.

( see paras 21-22 )