Order — ECLI:EU:C:2011:387
Date: 2011-06-10
Language of the case: Dutch
Court formation: First Chamber
Subject matter: Immigration and asylum policy;Area of freedom, security and justice
Procedure: Preliminary reference - urgent procedure - decision unnecessary
Origin: Netherlands

Summary of the Order Preliminary rulings – Jurisdiction of the Court – Case pending before the national court rendered devoid of purpose – No need to adjudicate – Intention of the applicant in the main proceedings to bring an action for damages – No effect (Art. 267 TFEU) It is not necessary to give a ruling on a request for a preliminary ruling when the decision against which the appeal in the main proceedings is directed has become inoperative and, therefore, the main proceedings no longer have a purpose, despite the expressed intention of the referring court to maintain its request for a preliminary ruling, insofar as the applicant intends to bring an action for damages before it. The reason for a reference for a preliminary ruling is not that it enables advisory opinions on general or hypothetical questions to be delivered but rather that it is necessary for the effective resolution of a dispute. However, the initiation of an action for damages is, in such circumstances, merely possible and hypothetical. (see paras 16-22, operative part)