Order — ECLI:EU:C:2009:725
Date: 2009-11-20
Language of the case: French
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Area of freedom, security and justice;Judicial cooperation in civil matters
Concepts: Reference under Article 68 EC
Procedure: Reference for a preliminary ruling - inadmissible
Origin: France

Summary of the Order Preliminary rulings – Jurisdiction of the Court – Measure adopted on the basis of Title IV of Part Three of the Treaty – Regulation No 44/2001 on jurisdiction and the enforcement of judgments (Art. 68(1) EC; Council Regulation No 44/2001) It follows from Article 68(1) EC that Article 234 EC is to apply to Title IV of the Treaty where a question on the interpretation of acts of the institutions of the European Community based on this Title, such as Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law. Since decisions on jurisdiction taken by the national court in the main proceedings are subject to appeal under national law, the Court has no jurisdiction to rule on the interpretation of Regulation No 44/2001. (see paras 12-16)