Order — ECLI:EU:C:2011:174
Date: 2011-03-24
Language of the case: Swedish
Court formation: Fifth Chamber
Subject matter: Public health
Procedure: Reference for a preliminary ruling - inadmissible
Origin: Sweden

Summary of the Order Preliminary rulings – Reference to the Court – National court or tribunal within the meaning of Article 234 EC – Concept (Art. 234 EC) A national court may refer a question to the Court only if there is a case pending before it and if it is called upon to give judgment in proceedings intended to lead to a decision of a judicial nature. Thus, when it makes an administrative decision without being required to decide a legal dispute, the referring body cannot be regarded as exercising a judicial function. Such is the case of a municipal committee such as the Miljö- och hälsoskyddsnämnden (the environmental and heath committee for the Municipality of Mora, Sweden). First, the Miljö- och hälsoskyddsnämnden is responsible for surveillance in the field of health and environmental protection and has the task of adopting necessary corrective measures. Second, it is not the duty of the Miljö- och hälsoskyddsnämnden to review the legality of a decision but to adopt a position, for the first time, on the complaint received from a resident of the municipality, it is not called upon to rule upon a dispute. That finding is not called into question by the fact that natural or legal persons may make representations before it, as such a possibility does not affect the nature of the activity performed. Consequently, that committee acts in a non-judicial capacity. (see paras 18-19, 21, 23-25)