Keywords
Summary

Keywords

Preliminary rulings - Jurisdiction of the Court - Limits - Manifestly irrelevant questions and questions regarding hypothetical problems in a context which precludes any useful answer - Question referred in the course of criminal proceedings in which the application of Community law does not arise - Court's lack of jurisdiction

(EC Treaty, Arts 6 and 177)

Summary

The Court has no jurisdiction to give a preliminary ruling where it is quite obvious that the interpretation of Community law sought by the national court bears no relation to the facts or purpose of the main action, or where the problem is hypothetical and the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it. Accordingly, the Court has no jurisdiction to answer a question on the interpretation of the prohibition of discrimination on grounds of nationality, laid down in Article 6 of the Treaty, where the national court has failed to provide it with any evidence to support the view that, in the context of proceedings which may lead to a criminal penalty being imposed for an offence related to a traffic accident, the court hearing the case may be required to apply provisions intended to ensure compliance with the rules of Community law in general or with the principle of workers' freedom of movement in particular.