Keywords
Summary

Keywords

Preliminary rulings - Reference to the Court - National court or tribunal within the meaning of Article 234 EC - Definition - Amtsgericht acting in its capacity as court responsible for keeping the commercial register and not ruling on any dispute - Excluded

(Art. 234 EC)

Summary

$$It follows from Article 234 EC that a national court may refer a question to the Court of Justice 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.

The Amtsgericht Heidelberg (Germany) may not therefore make a reference to the Court in its capacity as authority responsible for keeping the commercial register, in a case concerning an entry in that register, where there is nothing to indicate that there is a dispute pending before that court, which is the first authority to have before it the application for registration, that application not having given rise to a decision against which an application for review was made to the court.

( see paras 11, 14-15 )