CELEX: 62010CB0538
Language: en
Date: 2011-09-22 00:00:00
Title: Case C-538/10: Order of the Court (Fifth Chamber) of 22 September 2011 (reference for a preliminary ruling from the Court of First Instance, Liège, Belgium) — Richard Lebrun and Marcelle Howet v Belgian State (Articles 92(1), 103(1), 104(3), first subparagraph, of the Rules of Procedure — Reference for a preliminary ruling — Examination of the conformity of a national provision with both European Union law and the national constitution — National legislation granting priority to an interlocutory procedure for the review of constitutionality — Charter of Fundamental Rights of the European Union — Requirement of link with European Union law — Clear absence of jurisdiction of the Court)

28.1.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 25/22
            
         
      Order of the Court (Fifth Chamber) of 22 September 2011 (reference for a preliminary ruling from the Court of First Instance, Liège, Belgium) — Richard Lebrun and Marcelle Howet v Belgian State
      (Case C-538/10) (1)
      
      (Articles 92(1), 103(1), 104(3), first subparagraph, of the Rules of Procedure - Reference for a preliminary ruling - Examination of the conformity of a national provision with both European Union law and the national constitution - National legislation granting priority to an interlocutory procedure for the review of constitutionality - Charter of Fundamental Rights of the European Union - Requirement of link with European Union law - Clear absence of jurisdiction of the Court)
      (2012/C 25/38)
      Language of the case: French
      
         Referring court
      
      Court of First Instance, Liège
      
         Parties to the main proceedings
      
      
         Applicants: Richard Lebrun and Marcelle Howet
      
         Defendant: Belgian State
      
         Re:
      
      Reference for a preliminary ruling — Court of First Instance, Liège — Interpretation of Articles 6 TEU, 267 TFEU and 47 of the Charter of Fundamental Rights of the European Union — Prior obligation on national courts to refer matter to Constitutional Court where it supposes that national legislation may be in conflict with fundamental rights — Compliance with European Union law of the national provision requiring such a prior reference — Right of national courts to review compliance of national law with international treaties where the Constitutional Court has declared the national legislation at issue compatible with the fundamental rights guaranteed by the constitution
      
         Operative part of the order
      
      It is clear that the Court of Justice of the European Union has no jurisdiction to answer the question referred for a preliminary ruling by the Court of First Instance, Liège, Belgium.
      
         (1)  OJ C 38, 5.2.2011.