ECJ In order to reach an interpretation of Community law which will be of use to the national court, it is essential that the national court 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.
In this respect, the information provided and the questions raised in orders for reference must not only enable the Court to give helpful answers but also enable the Governments of the Member States and other interested parties to submit observations pursuant to Article 20 of the Statute of the Court.
It is the Court’ s duty to ensure that the opportunity to do so is safeguarded, bearing in mind that, by virtue of the abovementioned provision, only the orders for reference are notified to the interested parties.
Consequently, a request from a national court is manifestly inadmissible inasmuch as it does not enable the Court to give a useful interpretation of Community law where the order for reference does not contain specific questions addressed to the Court, allow the questions on which the national court wishes the Court to give a preliminary ruling to be discerned with any certainty, or furnish sufficient information to comply with the abovementioned requirements.
Judges:
GC Rodriguez Iglesias, P
Citations:
C-307/95, [1995] EUECJ C-307/95
Links:
European
Updated: 03 June 2022; Ref: scu.161686