Order — ECLI:EU:C:2004:200
Date: 2004-03-31
Language of the case: German
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Area of freedom, security and justice;Border checks
Concepts: Reference under Article 68 EC
Procedure: Reference for a preliminary ruling - inadmissible
Origin: Germany

summary criminal proceedings on an application by the Public Prosecutor’s Office which may lead either to the making of a penal order, which may be the subject of an objection by the defendant initiating ordinary criminal proceedings at first instance, or to a refusal by the court to make the order applied for by the Public Prosecutor’s Office, which may be the subject of an immediate appeal by that office. 32 Consequently, it is clear that the Court has no jurisdiction to rule on the question put by the Amtsgericht Löbau, in that the decision in the main proceedings will be one against which there is a judicial remedy under national law. 33 In those circumstances, the Court must apply Article 92(1) of the Rules of Procedure and find of its own motion that it lacks jurisdiction. Costs 34 The costs incurred by the Commission, which has submitted observations to the Court, are not recoverable. Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court. On those grounds, THE COURT (Fourth Chamber) hereby orders: The Court of Justice of the European Communities manifestly has no jurisdiction to answer the question referred by the Amtsgericht Löbau (Germany) by order of 21 October 2002. Luxembourg, 31 March 2004. R. Grass J.N. Cunha Rodrigues Registrar President of the Fourth Chamber 1 – Language of the case: German.