61979CO0105_EN
Parties
Grounds
Operative part
Parties
IN CASE 105/79
REFERENCE FOR A
PRELIMINARY RULING BY THE ACTING JUDGE AT THE TRIBUNAL D ' INSTANCE, HAYANGE
Grounds
BY DECISION DATED 10 JUNE 1979 THE ACTING JUDGE AT THE TRIBUNAL D ' INSTANCE, HAYANGE, REFERRED THE FOLLOWING QUESTION TO THE COURT IN PURSUANCE OF ARTICLE 177 OF THE TREATY ESTABLISHING THE EEC :
' ' WHAT PROTECTION DOES THE TREATY AFFORD WITH REGARD TO OBSERVANCE OF THE FUNDAMENTAL PRINCIPLE OF THE INDEPENDENCE OF THE JUDICIARY IN THE APPLICATION OF THE LAW?
' '
THIS QUESTION AROSE WITH REGARD TO AN ACTION CONCERNING A TRAFFIC ACCIDENT WHICH OCCURRED IN FRANCE AND INVOLVED FRENCH NATIONALS .
IT APPEARS FROM THE FILE AND FROM THE WORDING OF THE QUESTION SUBMITTED AS WELL AS THE STATEMENT OF THE REASONS ON WHICH IT IS BASED THAT IT IN NO WAY CONCERNS EITHER THE INTERPRETATION OF THE EEC TREATY OR THE VALIDITY OR INTERPRETATION OF AN ACT OF AN INSTITUTION OF THE COMMUNITY .
THE COURT THEREFORE CLEARLY HAS NO JURISDICTION TO REPLY TO THE QUESTION THUS RAISED .
ON HEARING THE VIEWS OF THE ADVOCATE GENERAL,
THE COURT
COMPOSED OF : H . KUTSCHER, PRESIDENT, J . MERTENS DE WILMARS AND LORD MACKENZIE STUART ( PRESIDENTS OF CHAMBERS ), P . PESCATORE, M . SOERENSEN, A . O ' KEEFFE, G . BOSCO, A . TOUFFAIT AND T . KOOPMANS, JUDGES,
ADVOCATE GENERAL : F . CAPOTORTI
REGISTRAR : A . VAN HOUTTE
Operative part
DECIDES AS FOLLOWS :
THE COURT OF JUSTICE HAS NO JURISDICTION TO REPLY TO THE QUESTION REFERRED TO IT BY THE ACTING JUDGE AT THE TRIBUNAL D ' INSTANCE, HAYANGE .