Opinion of the Advocate General — ECLI:EU:C:2004:669
Date: 2004-10-28
Language of the case: Spanish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social security for migrant workers;Anti-discrimination;Non-discrimination on grounds of nationality
Procedure: Reference for a preliminary ruling - decision unnecessary
Origin: Spain

Summary of the Judgment Preliminary rulings – Jurisdiction of the Court – Case pending before the national court rendered devoid of purpose – No need to give a ruling (Art. 234 EC) It is clear from both the wording and the scheme of Article 234 EC that a national court or tribunal is not empowered to bring a matter before the Court of Justice by way of a reference for a preliminary ruling unless a case is pending before it, in which it is called upon to give a decision which is capable of taking account of the preliminary ruling. The justification for a reference for a preliminary ruling is not that it enables advisory opinions on general or hypothetical questions to be delivered but rather that it is necessary for the effective resolution of a dispute. Where the claims of the claimant in the main proceedings have been met in their entirety, an answer by the Court to the questions put by the national court would be of no use to that court. (see paras 27-28, 30-31)