Order of the Court (Sixth Chamber) of 7 November 2013 — Schuster & Co Ecologic

(Case C‑371/13)

‛Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Insolvency proceedings — Effects of insolvency proceedings on the pending proceedings — National legislation requiring a stay of proceedings in the event of initiation of insolvency proceedings — Decision of a national court of final instance which does not comply with that requirement — Charter of Fundamental Rights of the European Union — Right to an effective remedy — Failure to implement EU law — Clear lack of jurisdiction of the Court’

Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Application for an interpretation of the Charter of Fundamental Rights of the European Union — Subject-matter of the national dispute bearing no link to EU law — Lack of jurisdiction of the Court (Art. 6(1) TEU; Art. 267 TFEU; Rules of Procedure of the Court of Justice, Arts 47(2) and 51(1); Rules of Procedure of the Court of Justice, Art. 53(2); Council Regulation No 1346/2000, Art. 15) (see paras 14-16, 18, 20)

Re:

Request for a preliminary ruling — Tribunalul Sibiu — Interpretation of Article 15 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1) and of Article 47 of the Charter of Fundamental Rights of the European Union — Impact of insolvency proceedings on the pending proceedings — National legislation requiring a stay of proceedings in the event of initiation of insolvency proceedings — Decision of a national court of final instance which does not comply with that requirement — Whether a national court is obliged to comply with a decision of that kind made by a higher court.

Operative part

The Court of Justice of the European Union clearly has no jurisdiction to rule on the question referred by Tribunalul Sibiu (Romania).

Order of the Court (Sixth Chamber) of 7 November 2013 — Schuster & Co Ecologic

(Case C‑371/13)

‛Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Insolvency proceedings — Effects of insolvency proceedings on the pending proceedings — National legislation requiring a stay of proceedings in the event of initiation of insolvency proceedings — Decision of a national court of final instance which does not comply with that requirement — Charter of Fundamental Rights of the European Union — Right to an effective remedy — Failure to implement EU law — Clear lack of jurisdiction of the Court’

Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Application for an interpretation of the Charter of Fundamental Rights of the European Union — Subject-matter of the national dispute bearing no link to EU law — Lack of jurisdiction of the Court (Art. 6(1) TEU; Art. 267 TFEU; Rules of Procedure of the Court of Justice, Arts 47(2) and 51(1); Rules of Procedure of the Court of Justice, Art. 53(2); Council Regulation No 1346/2000, Art. 15) (see paras 14-16, 18, 20)

Re:

Request for a preliminary ruling — Tribunalul Sibiu — Interpretation of Article 15 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1) and of Article 47 of the Charter of Fundamental Rights of the European Union — Impact of insolvency proceedings on the pending proceedings — National legislation requiring a stay of proceedings in the event of initiation of insolvency proceedings — Decision of a national court of final instance which does not comply with that requirement — Whether a national court is obliged to comply with a decision of that kind made by a higher court.

Operative part

The Court of Justice of the European Union clearly has no jurisdiction to rule on the question referred by Tribunalul Sibiu (Romania).