Order — ECLI:EU:C:2017:512
Date: 2017-07-05
Language of the case: German
Court formation: Tenth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Appeal - unfounded;Action for damages
Origin: Austria

Order of the Court (Tenth Chamber) of 5 July 2017 — CBA Spielapparate- und Restaurantbetrieb v Court of Justice of the European Union (Case C‑87/17 P) (1) (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for damages — Alleged non-compliance with EU law of the Austrian legislation in respect of gambling contributions — Failure, by the national courts or tribunals, to refer the matter to the Court for a preliminary ruling — Manifest lack of jurisdiction of the EU judicature) 1. Questions referred for a preliminary ruling — Reference to the Court — Need for a preliminary ruling and relevance of the questions referred — Assessment by the national court — Failure to refer a question to the Court for a preliminary ruling — Not imputable to the Court (Art. 267 TFEU) (see paras 16, 17) 2. EU law — Rights conferred on individuals — Infringement by a Member State — Obligation to make good damage caused to individuals (see para. 18) 3. Questions referred for a preliminary ruling — Reference to the Court — Need for a preliminary ruling and relevance of the questions referred — Assessment by the national court — Decision not to refer a question to the Court for a preliminary ruling — Obligation to inform the Court of such a decision — No such obligation — Subjective right to be notified of such a decision — No such right (Art. 267 TFEU; Statute of the Court of Justice, Art. 23) (see paras 21, 22) Operative part 1. The appeal is dismissed. 2. CBA Spielapparate- und Restaurantbetriebs GmbH shall bear its own costs. 1 OJ C 277, 21.8.2017.