Judgment — ECLI:EU:C:2005:69
Date: 2005-01-27
Language of the case: French
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Concepts: Definition of court or tribunal of a Member State
Procedure: Reference for a preliminary ruling - inadmissible
Origin: Belgium

Summary of the Judgment Preliminary rulings – Reference to the Court – National court or tribunal within the meaning of Article 234 EC – Meaning – Arbitration panel – Excluded (Art. 234 EC) An arbitration tribunal, such as the Collège d’arbitrage de la Commission de Litiges Voyages (Belgium), which resolves disputes between individuals and travel agencies, is not a court or tribunal within the meaning of Article 234 EC where the parties are under no obligation, in law or in fact, to refer their disputes to arbitration and the Belgian public authorities are not involved in the decision to opt for arbitration. (see paras 13, 15-16, operative part)