Order — ECLI:EU:C:2018:294
Date: 2018-04-25
Language of the case: Portuguese
Court formation: Eighth Chamber
Subject matter: Right of establishment;Approximation of laws;Freedom to provide services
Procedure: Reference for a preliminary ruling - inadmissible
Origin: Portugal

Summary — Order of the Court (Eighth Chamber), 25 April 2018 1. Questions referred for a preliminary ruling — Admissibility — Need to provide the Court with sufficient information on the factual and legislative context — Scope of the obligation — Body making the reference having functions of a different nature — Need to provide the Court with information on the status of a court or tribunal of the body making the reference (Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 94) 2. Questions referred for a preliminary ruling — Reference to the Court — National court or tribunal within the meaning of Article 267 TFEU — Concept (Art. 267 TFEU) 3. Questions referred for a preliminary ruling — Admissibility — Need to provide the Court with sufficient information on the factual and legislative context — No existence of certain cross-border interest — Manifest inadmissibility (Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 94) 1. Since the request for a preliminary ruling is the basis for the proceedings before the Court, it is essential that, in that application, the national court should, in particular, set out the factual and regulatory background to the dispute in the main proceedings. That obligation must particularly be observed in certain areas characterised by complex factual and legal situations (see, to that effect, judgment of 26 January 1993, Telemarsicabruzzo and Others, C‑320/90 to C‑322/90, EU:C:1993:26, paragraph 7; order of 19 March 1993, Banchero, C‑157/92, EU:C:1993:107, paragraph 5; and judgment of 12 December 2013, Ragn-Sells, C‑292/12, EU:C:2013:820, paragraph 39), but also when the body making the reference has been entrusted by law with functions of a different nature. In the latter case, the admissibility of the request for a preliminary ruling may depend on whether a national body can be classified as ‘a court or tribunal’ within the meaning of Article 267 TFEU when it is performing judicial functions, but not when exercising other functions, inter alia functions of an administrative nature (see order of 26 November 1999, ANAS, C 192/98, EU:C:1999:589, paragraph 22). (see paras 28-30) 2. See the text of the decision. (see paras 31-33) 3. See the text of the decision. (see paras 39, 40)