Order — ECLI:EU:C:2005:596
Date: 2005-10-06
Language of the case: Hungarian
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Provisions governing the Institutions;Principles, objectives and tasks of the Treaties;Anti-discrimination
Concepts: Jurisdiction of the Court of Justice;General
Procedure: Reference for a preliminary ruling - inadmissible
Origin: Hungary

Summary of the Order Preliminary rulings – Jurisdiction of the Court – Limits – Questions referred in the course of a dispute relating to the application of a national provision which is not within the scope of Community law – Excluded (Art. 234 EC) Where national provisions fall within the field of application of Community law the Court, on a reference for a preliminary ruling, must give the national court all the guidance as to interpretation necessary to enable it to assess the compatibility of those provisions with the fundamental rights whose observance the Court ensures. By contrast, the Court has no such jurisdiction with regard to national provisions outside the scope of Community law and when the subject-matter of the dispute is not connected in any way with any of the situations contemplated by the Treaties. (see paras 12-13)