Order — ECLI:EU:C:2009:179
Date: 2009-03-24
Language of the case: Dutch
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Provisions governing the Institutions;Freedom to provide services
Concepts: Jurisdiction of the Court of Justice
Procedure: Reference for a preliminary ruling - decision unnecessary
Origin: Belgium

Summary of the Order Preliminary rulings – Jurisdiction of the Court – Decision to refer reversed by an appeal court having itself adjudicated on the dispute between the parties to the main proceedings – Absence of a dispute pending before the referring court – No need to adjudicate (Art. 234 EC) 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. Therefore, there is no need for the Court to reply to a reference for a preliminary ruling from a referring court where the decision to refer such a question has been reversed by an appeal court which itself adjudicated on the dispute between the parties to the main proceedings, thereby assuming responsibility for ensuring compliance with Community law and when, by virtue of the appeal, there is no longer any dispute before the referring court. There is no need to reply to such a reference for a preliminary ruling even though the referring court – whose responsibility it is, in principle, to draw the proper inferences from a judgment delivered on an appeal against its decision to refer and, in particular, to come to a conclusion as to whether it is appropriate to maintain the reference for a preliminary ruling, or to amend it or to withdraw it – has not withdrawn that reference. (see paras 8-11, operative part)