Information concerning the declarations by the French Republic and the Republic of Hungary on their acceptance of the jurisdiction of the Court of Justice to give preliminary rulings on the acts referred to in Article 35 of the Treaty on European Union
Date: 2005-12-14
Institutions: Council of the European Union
Subjects: Court of Justice of the European Union, EU Member State, France, Hungary, Treaty on European Union, interpretation of the law, powers of the institutions (EU)

14.12.2005

EN

Official Journal of the European Union

C 318/1

I

(Information)

COUNCIL

Information concerning the declarations by the French Republic and the Republic of Hungary on
their acceptance of the jurisdiction of the Court of Justice to give preliminary rulings on the acts
referred to in Article 35 of the Treaty on European Union

(2005/C 318/01)

The French Republic has declared that it accepts the jurisdiction of the Court of Justice of the European
Communities in accordance with the arrangements laid down in Article 35(2) and (3)(b) of the Treaty on
European Union.

The Republic of Hungary has declared that it accepts the jurisdiction of the Court of Justice of the Euro-
pean Communities in accordance with the arrangements laid down in Article 35(2) and (3)(a) of the Treaty
on European Union.

Accordingly, the state of the declarations concerning acceptance of the jurisdiction of the Court of Justice
to give preliminary rulings on the validity and interpretation of the acts referred to in Article 35 of the
Treaty on European Union is as follows:

— the Kingdom of Spain and the Republic of Hungary have declared that they accept the jurisdiction of
the Court of Justice of the European Communities in accordance with the arrangements laid down in
Article 35(2) and (3)(a) (1),

— the Kingdom of Belgium, the Czech Republic, the Federal Republic of Germany, the Hellenic Republic,
the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Neth-
erlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland and the Kingdom of
Sweden have declared that they accept the jurisdiction of the Court of Justice of the European Commu-
nities in accordance with the arrangements laid down in Article 35(2) and (3)(b) (2),

— when making the abovementioned declarations, the Kingdom of Belgium, the Czech Republic, the
Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Italian Republic, the
Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria reserved
the right to make provision in their national law that when a question concerning the validity or inter-
pretation of an act referred to in Article 35(1) is raised in a case pending before a national court or
tribunal against whose decisions there is no judicial remedy under national law, that court or tribunal
is obliged to bring the matter before the Court of Justice.

(1) Notice of the declaration by the Kingdom of Spain was published in OJ L 114 of 1.5.1999, p. 56 and OJ C 120 of

1.5.1999, p. 24.

(2) The declaration by the Czech Republic was published in OJ L 236 of 23.9.2003, p. 980. Notice of the declaration by
the other Member States mentioned, with the exception of the French Republic, was published in OJ L 114 of
1.5.1999, p. 56 and OJ C 120 of 1.5.1999, p. 24.