CELEX: 62009CN0457
Language: en
Date: 2009-11-23 00:00:00
Title: Case C-457/09: Reference for a preliminary ruling from the Tribunal de première instance de Liège (Belgium) lodged on 23 November 2009 — Claude Chartry v État belge

13.2.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 37/3
            
         Reference for a preliminary ruling from the Tribunal de première instance de Liège (Belgium) lodged on 23 November 2009 — Claude Chartry v État belge
   (Case C-457/09)
   2010/C 37/05
   Language of the case: French
   
      Referring court
   
   Tribunal de première instance de Liège
   
      Parties to the main proceedings
   
   
      Applicant: Claude Chartry
   
      Defendant: État belge
   
      Question referred
   
   ‘Do Article 6 [EU] and Article 234 [EC] preclude national legislation, such as the Law of 12 July 2009 amending Article 26 of the Law [on the Constitutional Court], from requiring the national court to make a reference to the Constitutional Court for a preliminary ruling, if it finds that a citizen taxpayer has been deprived of the effective judicial protection guaranteed by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as incorporated into Community law, by another national law, [namely] Article 49 of the Law … of 9 July 2004, without that national court being able to ensure immediately the direct [effect] of Community law [in the] proceedings before it and without being able also to carry out a review of its compliance with the Convention where the Constitutional Court has recognised the compatibility of the national legislation with the fundamental rights guaranteed by Title II of the [Belgian] Constitution?’