Keywords
Summary

Keywords

Preliminary rulings - Jurisdiction of the Court - Case pending before the national court rendered devoid of purpose - No need to give a ruling

(EC Treaty, Art. 177)

Summary

It is clear from both the wording and the scheme of Article 177 of the Treaty that a national court or tribunal is not empowered to bring a matter before the Court of Justice by way of a reference for a preliminary ruling unless a case is pending before it, in which it is called upon to give a decision which is capable of taking account of the preliminary ruling. The justification for a preliminary reference is not that it enables advisory opinions on general or hypothetical questions to be delivered but rather that it is necessary for the effective resolution of a dispute.

Accordingly, there is no need for the Court to reply to a question referred where the claims of the applicant in the main proceedings have been satisfied in full, with the result that the case pending before the national court has no purpose and that any reply to the question referred would be of no avail to that court.