Case C-561/19: Judgment of the Court (Grand Chamber) of 6 October 2021 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Consorzio Italian Management, Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA (Reference for a preliminary ruling — Article 267 TFEU — Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling — Exceptions to that obligation — Criteria — Question on the interpretation of EU law raised by the parties to the national proceedings after the Court has given a preliminary ruling in those proceedings — Failure to state the reasons justifying the need for an answer to the questions referred for a preliminary ruling — Partial inadmissibility of the request for a preliminary ruling)
Date: 2021-10-06
Institutions: Court of Justice
Subjects: case-law (EU), interpretation of the law, preliminary ruling procedure








C_2021481EN.01001101.xml










29.11.2021   


EN


Official Journal of the European Union


C 481/11






Judgment of the Court (Grand Chamber) of 6 October 2021 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Consorzio Italian Management, Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA
(Case C-561/19) (1)

(Reference for a preliminary ruling - Article 267 TFEU - Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling - Exceptions to that obligation - Criteria - Question on the interpretation of EU law raised by the parties to the national proceedings after the Court has given a preliminary ruling in those proceedings - Failure to state the reasons justifying the need for an answer to the questions referred for a preliminary ruling - Partial inadmissibility of the request for a preliminary ruling)
(2021/C 481/15)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicants: Consorzio Italian Management, Catania Multiservizi SpA

Defendant: Rete Ferroviaria Italiana SpA

Operative part of the judgment

Article 267 TFEU must be interpreted as meaning that a national court or tribunal against whose decisions there is no judicial remedy under national law must comply with its obligation to bring before the Court of Justice a question concerning the interpretation of EU law that has been raised before it, unless it finds that that question is irrelevant or that the provision of EU law in question has already been interpreted by the Court or that the correct application of EU law is so obvious as to leave no scope for any reasonable doubt.
The existence of such a possibility must be assessed in the light of the characteristic features of EU law, the particular difficulties to which the interpretation of the latter gives rise and the risk of divergences in judicial decisions within the European Union.
Such a court or tribunal cannot be relieved of that obligation merely because it has already made a reference to the Court for a preliminary ruling in the same national proceedings. However, it may refrain from referring to the Court a question for a preliminary ruling on grounds of inadmissibility specific to the procedure before that court or tribunal, subject to compliance with the principles of equivalence and effectiveness.


(1)  OJ C 357, 21.10.2019.