Order of the Court (Sixth Chamber) of 21 February 2013 (request for a preliminary ruling from the Labour Court, Huy — Belgium) — Agim Ajdini v Belgian State

(Case C-312/12) (1)

(Rules of Procedure - Articles 53(2), 93(a) and 99 - Request for a preliminary ruling - Examination of the conformity of a national provision with both European Union law and the national constitution - National legislation granting priority to an interlocutory procedure for the review of constitutionality - Charter of Fundamental Rights of the European Union - Failure to implement European Union law - Clear absence of jurisdiction of the Court)

2013/C 108/23

Language of the case: French

Referring court

Labour Court, Huy

Parties to the main proceedings

Applicant: Agim Ajdini

Defendant: Belgian State

Re:

Request for a preliminary ruling — Labour Court, Huy — Interpretation of Articles 20, 21 and 26 of the Charter of Fundamental Rights of the European Union and of Article 234 EC — Fundamental rights — Principle of non-discrimination — Serbian national with a disability — Admissibility of national legislation excluding certain persons from entitlement to disability benefits on grounds of nationality — National of a third country which is an official candidate for accession to the European Union — Power of a national court to refer a matter to the Court of Justice — Admissibility of national legislation requiring the national court to bring a matter to the Constitutional Court at the outset

Operative part of the order

It is clear that the Court of Justice of the European Union has no jurisdiction to answer the questions referred for a preliminary ruling by the Labour Court, Huy (Belgium).

(1)  OJ C 287, 22.9.2012.