Keywords
Summary

Keywords

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Preliminary rulings ° Reference to the Court ° National court or tribunal within the meaning of Article 177 of the Treaty ° Definition ° Court decision in non-contentious proceedings ° Excluded

(EC Treaty, Art. 177)

Summary

Whilst Article 177 of the Treaty does not make reference to the Court subject to the proceedings during which the national court frames a question for a preliminary ruling being inter partes, it is none the less apparent from that provision that a national court may refer a question to the Court only if there is a case pending before it and if it is called upon to give judgment in proceedings intended to lead to a decision of a judicial nature.

A court exercising administrative authority in "non-contentious" proceedings concerning an application for confirmation of the memorandum of association of a company with a view to its registration cannot, therefore, make a reference to the Court. In such a situation it is acting independently of any dispute, since a dispute, and thus contentious proceedings, can only arise if confirmation is refused.