Case C-144/23, KUBERA: Judgment of the Court (Grand Chamber) of 15 October 2024 (request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije – Slovenia) – KUBERA, trgovanje s hrano in pijačo, d.o.o. v Republika Slovenija (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 – Proceedings relating to the grant of leave to appeal on a point of law to the supreme court of a Member State – Request by the party seeking leave to appeal on a point of law that a question concerning the interpretation of EU law be referred to the Court of Justice – National legislation under which leave to appeal on a point of law is to be granted if the appeal raises a question of law that is important for ensuring legal certainty, the uniform application of the law or its development – Obligation for the national supreme court to consider, in proceedings relating to the grant of leave to appeal on a point of law, whether a reference for a preliminary ruling should be made – Statement of reasons for the decision refusing leave to appeal on a point of law)
Date: 2024-10-15
Institutions: Court of Justice
Subjects: appeal, civil procedure, higher court, preliminary ruling procedure, right to justice








C_202407140EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/7140


9.12.2024






Judgment of the Court (Grand Chamber) of 15 October 2024 (request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije – Slovenia) – KUBERA, trgovanje s hrano in pijačo, d.o.o. v Republika Slovenija


(Case C-144/23,
                (1)
KUBERA)

(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 - Proceedings relating to the grant of leave to appeal on a point of law to the supreme court of a Member State - Request by the party seeking leave to appeal on a point of law that a question concerning the interpretation of EU law be referred to the Court of Justice - National legislation under which leave to appeal on a point of law is to be granted if the appeal raises a question of law that is important for ensuring legal certainty, the uniform application of the law or its development - Obligation for the national supreme court to consider, in proceedings relating to the grant of leave to appeal on a point of law, whether a reference for a preliminary ruling should be made - Statement of reasons for the decision refusing leave to appeal on a point of law)
(C/2024/7140)
Language of the case: Slovenian

Referring court

Vrhovno sodišče Republike Slovenije

Parties to the main proceedings


Applicant: KUBERA, trgovanje s hrano in pijačo, d.o.o.

Defendant: Republika Slovenija

Operative part of the judgment







1.


The third paragraph of Article 267 TFEU must be interpreted as precluding a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law from deciding – in proceedings relating to the examination of an application for leave to appeal on a point of law the outcome of which depends on the significance of the legal issue raised by one of the parties to the dispute with respect to legal certainty, the uniform application of the law or its development – to refuse such an application for leave without having assessed whether it was obliged to submit to the Court of Justice for a preliminary ruling a question concerning the interpretation or validity of a provision of EU law raised in support of that application.










2.


Article 267 TFEU, read in the light of the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law must set out, in its decision refusing an application for leave to appeal on a point of law containing a request that a question concerning the interpretation or validity of a provision of EU law be referred to the Court of Justice for a preliminary ruling, the reasons why that reference was not made, namely that that question is irrelevant for the resolution of the dispute or that the provision of EU law in question has already been interpreted by the Court or that the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt.






(1)  
            OJ C 271, 31.7.2023.


ELI: http://data.europa.eu/eli/C/2024/7140/oj
ISSN 1977-091X (electronic edition)