Order — ECLI:EU:C:1998:250
Date: 1998-05-25
Language of the case: German
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Principles, objectives and tasks of the Treaties
Concepts: Jurisdiction of the Court of Justice
Procedure: Reference for a preliminary ruling - inadmissible
Origin: Austria

Summary of the Order
Preliminary rulings -Jurisdiction of the Court - Limits - Manifestly irrelevant questions and
questions regarding hypothetical problems in a context which precludes any useful answer —
Questions not related to the purpose of the main proceedings — Court's lack of jurisdiction
(EC Treaty, Art. 177)
The Court cannot give a preliminary ruling
where it is quite obvious that the interpreta­
tion of Community law sought by a national
court bears no relation to the actual facts of
the main action or to its purpose, 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.
That is the case where questions concerning
the interpretation of general principles which
form part of Community law have no rela­
tion to the purpose of the main action.
I-3101