ECJ (Order) 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.
The information provided and the questions raised in orders for reference must not only be such as to enable the Court usefully to reply but also such as to give the Governments of the Member States and other interested parties the opportunity 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 above mentioned 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 merely sets out offences contrary to national law with regard to employment procurement and temporary employment and indicates neither the contents of the provisions of national law to which it refers nor the precise reasons which prompted it to question their compatibility with Community law and to consider it necessary to refer questions to the Court of Justice for a preliminary ruling.
Citations:
C-2/96, [1996] EUECJ C-2/96
Links:
European
Updated: 03 June 2022; Ref: scu.161756