CELEX: 62009CO0408
Language: en
Date: 2010-02-12 00:00:00
Title: Order of the Court (Seventh Chamber) of 12 February 2010. # Município de Barcelos v Estado português. # Reference for a preliminary ruling: Município de Barcelos - Portugal. # Definition of ‘national jurisdiction’ - Manifest lack of jurisdiction. # Case C-408/09.

Order of the Court (Seventh Chamber) of 12 February 2010 – Municipio de Barcelos v Estado Português
      (Case C‑408/09)
      Definition of ‘national jurisdiction’ – Manifest lack of jurisdiction
      Preliminary rulings – Reference to the Court – National court or tribunal for the purposes of Article 234 EC – Meaning – To be determined on the basis of criteria relating to that body’s constitution and function – Municipal body – No judicial function (Art. 234 EC) (see paras 4-11)
      Re: 
      
         
               Interpretation of Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain
                  public and private projects on the environment (OJ 1997 L 73, p. 5) – Question not referred by a court or tribunal – Jurisdiction
                  of the Court – Manifest inadmissibility.
               
            Operative part: 
      The Court of Justice of the European Union clearly has no jurisdiction to rule on the question referred by the Município de
         Barcelos.