Opinion of the Advocate General — ECLI:EU:C:2001:168
Date: 2001-03-15
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of capital
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment 
Preliminary rulings — Reference to the Court — Court or tribunal of a Member State 
within the meaning of Article 177 of the Treaty (now Article 234 EC) — Meaning — 
Bezirksgericht when acting as the tribunal responsible for keeping the land register — 
Not covered 
(EC Treaty, Art. 177, now Art 234 EC) 
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SUMMARY — CASE C-178/99 
It follows from Article 177 of the Treaty 
(now Article 234 EC) that 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 proceed­
ings intended to lead to a decision of a 
judicial nature. 
The Bezirksgericht Bregenz (Austria) may 
not therefore refer questions to the Court, 
when it makes an administrative decision 
without being required to decide a legal 
dispute. Such is the case when it considers 
an application for registration of a contract 
of sale of land in the land register in 
accordance with the provisions of the 
Grundbuchgesetz (Austrian Federal Law 
of 1955 on the Land Register). In the 
context of that activity, since it is not seised 
of a dispute, but must merely determine 
whether the application complies with the 
conditions laid down by the law for the 
registration of property rights in the land 
register, the Bezirksgericht exercises a non­
judicial function. 
(see paras. 14-17) 
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