Order — ECLI:EU:C:2000:350
Date: 2000-06-28
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Environment;Free movement of goods;Measures having equivalent effect;Approximation of laws;Quantitative restrictions;Waste;Dominant position
Concepts: Exclusive nature of the role of the national court in making the reference;Jurisdiction of the Court of Justice
Procedure: Reference for a preliminary ruling - inadmissible
Origin: France

Summary of the Order 
1. Preliminary rulings — Reference to the Court — Whether the decision to refer a matter 
has been taken in accordance with the rules of national law governing the organisation 
of the courts and their procedure — Not for the Court to determine 
(Art. 234 EC) 
2. Preliminary rulings — Jurisdiction of the Court — Limits 
(Art. 234 EC) 
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SUMMARY — CASE C-116/00 
3. Preliminary rulings — Admissibility — Questions unaccompanied by sufficient 
information as to their factual and legislative context — Manifest inadmissibility 
(Art. 234 EC; EC Statute of the Court of Justice, Art. 20) 
4. Preliminary rulings — Reference to the Court — Appraisal by the national courts 
(Art. 234 EC) 
1. In proceedings under Article 234 EC, 
in view of the distribution of functions 
between the Court of Justice and the 
national court, it is not for the former 
to determine whether the decision 
whereby a matter is brought before it 
was taken in accordance with the rules 
of national law governing the organi­
sation of the courts and their proce­
dure. 
(see para. 10) 
2. In proceedings under Article 234 EC 
the Court may not rule on the confor­
mity of national measures with Com­
munity law. It may however extract 
from the wording of the questions 
formulated by the national court, and 
having regard to the facts stated by the 
latter, those elements which concern 
the interpretation of Community law 
for the purpose of enabling that court 
to resolve the legal problem before it. 
(see paras 11-12) 
3. The need to provide an interpretation 
of Community law which will be of use 
to the national court makes it necessary 
that the national court define the 
factual and legislative context of the 
questions it is asking or, at the very 
least, explains the factual circum­
stances on which those questions are 
based. Those requirements are of par­
ticular importance in the sphere of 
competition which is characterised by 
complex factual and legal situations. 
The information provided in orders for 
reference must not only be such as to 
enable the Court usefully to reply but 
must also make it possible for the 
governments of the Member States 
and other interested parties to submit 
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LAGUILLAUMIE 
observations pursuant to Article 20 of 
the Statute of the Court of Justice. 
Since, pursuant to that provision, only 
the orders for reference are notified to 
the interested parties, the fact that the 
national court refers to the observa­
tions submitted by the parties to the 
main proceedings — which, moreover, 
are likely to contain differing accounts 
of the dispute — is not sufficient to 
safeguard the right of each party to 
submit observations. Furthermore, it is 
essential that the national court should 
give at the very least some explanation 
of the reasons for the choice of the 
Community provisions which it 
requires to be interpreted and on the 
link it establishes between those provi­
sions and the national legislation 
applicable to the dispute. 
An order for reference that does not 
explain the connection between the 
provisions of which it seeks interpreta­
tion and the factual situation or the 
national legislation applicable does not 
contain sufficient information to satisfy 
these requirements, and is therefore 
manifestly inadmissible. 
(see paras 14-19, 25-26) 
4. Article 234 EC establishes a procedure 
for direct cooperation between the 
Court of Justice and national courts, 
in the course of which the parties are 
only requested to submit observations 
within the legal framework laid down 
by the court making the reference. 
Within the limits laid down by Arti­
cle 234 EC, it is thus for national 
courts alone to decide the principle 
and the purpose of any reference to the 
Court of Justice. 
(see paras 21-22) 
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