Order — ECLI:EU:C:2015:569
Date: 2015-09-03
Language of the case: Dutch
Court formation: Third Chamber
Subject matter: Taxation;Principles, objectives and tasks of the Treaties
Procedure: Reference for a preliminary ruling - inadmissible
Origin: Belgium

Request for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen (Belgium) lodged on 29 May 2015 — Vivium SA v Belgische Staat (Case C-250/15) Language of the case: Dutch Referring court Rechtbank van eerste aanleg te Antwerpen Parties to the main proceedings Applicant: Vivium SA Defendant: Belgische Staat Question referred Does EU law, and in particular the principles of effectiveness and equivalence, preclude the application of legislation of a Member State on the basis of which the administrative or judicial remedies which are available against acts and regulations of administrative authorities based on a national-law provision are not made available in the case where a judgment of the Court of Justice of the European Union, delivered pursuant to Article 267 of the Treaty on the Functioning of the European Union (ex Article 234 EC), rules that a national-law provision is incompatible with EU law, whereas every interested party can bring an action for annulment of a national-law provision before the national Constitutional Court in the case where a judgment of the Constitutional Court, concerning a preliminary issue referred by a national court, has determined that that national-law provision is unconstitutional, and the annulling judgment of the Constitutional Court delivered in that action makes available the administrative or judicial remedies that are available to challenge acts and regulations of administrative authorities based on that national-law provision which has been annulled? ____________