Order — ECLI:EU:C:2003:105
Date: 2003-02-25
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Right of establishment;Free movement of workers
Concepts: Jurisdiction of the Court of Justice
Procedure: Reference for a preliminary ruling - inadmissible
Origin: Italy

Summary of the Order 
Preliminary rulings — Jurisdiction of the Court — Limits — Questions asked in a 
context precluding a useful answer — Manifestly inadmissible 
(Art. 234 EC) 
I - 1807 
SUMMARY — CASE C-445/01 
In the context of a procedure instituted by 
way of Article 234 EC, it is for the Court to 
examine, in exceptional circumstances, the 
conditions in which the case was referred to 
it by the national court, in order to assess 
whether it has jurisdiction. In this connec­
tion, particular note should be taken of the 
importance of the national court stating the 
precise reasons which caused it to raise the 
question of the interpretation of Commu­
nity law and to consider it necessary to 
refer questions to the Court for a prelimi­
nary ruling. 
It is thus essential that the national court 
give at the very least some explanation of 
the reasons for the choice of the Commu­
nity provisions of which it requests an 
interpretation and on the link it establishes 
between those provisions and the national 
legislation applicable to the dispute. 
A request by a national court which does 
not contain any information establishing 
the relationship between the facts and the 
subject-matter of the dispute in the main 
proceedings on the one hand, and, on the 
other, the interpretation of the Community 
provisions sought by the national court is 
therefore manifestly inadmissible as it does 
not allow the Court to give a useful answer 
to the question referred for a preliminary 
ruling. 
(see paras 22-23, 30-31) 
I - 1808