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Document 62018CO0545
Order of the Court (Eighth Chamber) of 4 April 2019.
Proceedings brought by DP and Finanzamt Linz.
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Principles of EU law — Primacy — National rules requiring the lower courts to follow the interpretation of the higher courts — Restriction of the matters referred to the higher courts to the assessment of points of law and of the pleas raised before the lower courts.
Case C-545/18.
Order of the Court (Eighth Chamber) of 4 April 2019.
Proceedings brought by DP and Finanzamt Linz.
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Principles of EU law — Primacy — National rules requiring the lower courts to follow the interpretation of the higher courts — Restriction of the matters referred to the higher courts to the assessment of points of law and of the pleas raised before the lower courts.
Case C-545/18.
Order of the Court (Eighth Chamber) of 4 April 2019 — Finanzamt Linz (Austrian legislation on games of chance)
(Case C‑545/18)
(Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Principles of EU law — Primacy — National rules requiring the lower courts to follow the interpretation of the higher courts — Restriction of the matters referred to the higher courts to the assessment of points of law and of the pleas raised before the lower courts)
Questions referred for a preliminary ruling — Admissibility — Statement of the reasons for requiring an answer to the questions referred for a preliminary ruling — Scope of the obligation in the context of the fundamental freedoms
(Art. 267 TFEU; Statute of the Court of Justice, Art. 23; Rules of Procedure of the Court of Justice, Arts 53(2) and 94)
(see paras 19-21, 25-31)
Operative part
The request for a preliminary ruling made by the Landesverwaltungsgericht Oberösterreich (Regional Administrative Court of Upper Austria, Austria), by decision of 16 August 2018, is manifestly inadmissible.