Keywords
Summary

Keywords

Preliminary rulings - Admissibility - Questions not providing sufficient explanation of the factual and legislative context - Questions submitted in a context which precludes a useful reply

(Art. 234 EC; EC Statute of the Court of Justice, Art. 20)

Summary

$$The need to provide an interpretation of Community law which will be of use to the national court makes it necessary for the referring court to define the factual and legislative context of the questions it is asking or, at the very least, explain the factual circumstances on which those questions are based. It is also essential for the national court at least to give some explanation of the reasons for the choice of the Community provisions which it requires to be interpreted and on the link it establishes between those provisions and the national legislation applicable to the dispute. In this connection, the information provided in orders for reference do not serve merely to enable the Court to give helpful answers, but also to enable the governments of the Member States and other interested parties to submit observations in accordance with Article 20 of the Statute of the Court of Justice. It is the Court's duty to ensure that that possibility is safeguarded, bearing in mind that, by virtue of the abovementioned provision, only the order for reference is notified to the interested parties.

( see paras 14-16 )