Order — ECLI:EU:C:2010:5
Date: 2010-01-12
Language of the case: German
Court formation: Third Chamber
Subject matter: Right of establishment;Principles, objectives and tasks of the Treaties
Procedure: Reference for a preliminary ruling - inadmissible
Origin: Germany

Summary of the Order Preliminary rulings – Reference to the Court – Court or tribunal of a Member State within the meaning of Article 234 EC – Meaning (Art. 234 EC) For the referring court to be able to make a reference to the Court under Article 234 EC, there must be a case pending before it and it must be called upon to give judgment in proceedings intended to lead to a decision of a judicial nature. The Amtsgericht Charlottenburg (Germany) cannot, therefore, refer a question to the Court when it makes an administrative decision without being required at the same time to decide a legal dispute, so that it acts in a non-judicial capacity. That is the case where its essential task is the appointment of a ‘supplementary’ liquidator for the remaining assets of a company struck off the register and no case is pending before it between the applicant and any defendant, the Amtsgericht Charlottenburg being the first authority to have before it the application for the appointment of a liquidator for that company. (see paras 17-21)