Order — ECLI:EU:C:2001:394
Date: 2001-07-10
Language of the case: German
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment
Concepts: Definition of court or tribunal of a Member State
Procedure: Reference for a preliminary ruling - inadmissible
Origin: Germany

Summary of the Order 
Preliminary rulings — Reference to the Court — National court or tributtal within the 
meaning of Article 234 EC — Definition — Amtsgericht acting in its capacity as court 
responsible for keeping the commercial register and not ruling on any dispute — 
Excluded 
(Art. 234 EC) 
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SUMMARY — CASE C-86/00 
It follows from Article 234 EC that a 
national court may refer a question to the 
Court of Justice only if there is a case 
pending before it and if it is called upon to 
give judgment in proceedings intended to 
lead to a decision of a judicial nature. 
The Amtsgericht Heidelberg (Germany) 
may not therefore make a reference to the 
Court in its capacity as authority respon­
sible for keeping the commercial register, in 
a case concerning an entry in that register, 
where there is nothing to indicate that there 
is a dispute pending before that court, 
which is the first authority to have before it 
the application for registration, that appli­
cation not having given rise to a decision 
against which an application for review 
was made to the court. 
(see paras 11, 14-15) 
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