Case C‑265/13

Emiliano Torralbo Marcos

v

Korota SA

and

Fondo de Garantía Salarial

(Request for a preliminary ruling from the Juzgado de lo Social No 2 de Terrassa)

‛Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy — Judicial fees and deposits required for lodging appeals in employment law cases — Failure to implement EU law — Scope of EU law — Lack of jurisdiction of the Court’

Summary — Judgment of the Court (Second Chamber), 27 March 2014

1. Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Request for interpretation of the Charter of Fundamental Rights of the European Union — National legislation governing, in general, certain fees connected with the administration of justice and setting judicial and registration fees for the lodging of an appeal in employment law cases — National legislation not intended to implement provisions of EU law and not likely to be affected by any specific rules thereof — Legal situation falling outside the scope of EU law — Lack of jurisdiction of the Court

   (Art. 267 TFEU; Charter of Fundamental Rights of the European Union, Arts 47 and 51(1); European Parliament and Council Directive 2008/94)

2. Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Subject-matter of the national case having no link to EU law — Action seeking to obtain the intervention of a national guarantee institution in the event of the employer’s insolvency — Situation falling outside the scope, at this stage of the proceedings, of both Directive 2008/94 and EU law — Lack of jurisdiction of the Court

   (Art. 267 TFEU; European Parliament and Council Directive 2008/94, Arts 2(1) and 3)

1.  The scope of the Charter of Fundamental Rights of the European Union, so far as concerns action of the Member States, is defined in Article 51(1) thereof, according to which the provisions of the Charter are addressed to Member States only when they are implementing EU law. Article 51(1) of the Charter confirms the Court’s settled case-law, which states that the fundamental rights guaranteed in the legal order of the European Union are applicable in all situations governed by EU law, but not outside such situations. Where a legal situation does not fall within the scope of Union law, the Court has no jurisdiction to rule on it and any Charter provisions relied upon cannot, of themselves, form the basis for such jurisdiction.

   First of all, national legislation setting judicial and registration fees for the lodging of an appeal in employment law cases which governs, in general, certain fees connected with the administration of justice, is not intended to implement provisions of EU law. In addition, EU law does not contain any specific rules in that area or any which are likely to affect that national legislation.

   (see paras 28-30, 32, operative part)

2.  See the text of the decision.

   (see paras 36-40)