CELEX: 62015CN0250
Language: en
Date: 2015-05-29 00:00:00
Title: Case C-250/15: Request for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen (Belgium) lodged on 29 May 2015 — Vivium SA v Belgische Staat

10.8.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/9
            
         Request for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen (Belgium) lodged on 29 May 2015 — Vivium SA v Belgische Staat
   (Case C-250/15)
   (2015/C 262/12)
   Language of the case: Dutch
   
      Referring court
   
   Rechtbank van eerste aanleg te Antwerpen
   
      Parties to the main proceedings
   
   
      Applicant: Vivium SA
   
      Defendant: Belgische Staat
   
      Question referred
   
   Does EU law, and in particular the principles of effectiveness and equivalence, preclude the application of legislation of a Member State on the basis of which the administrative or judicial remedies which are available against acts and regulations of administrative authorities based on a national-law provision are not made available in the case where a judgment of the Court of Justice of the European Union, delivered pursuant to Article 267 of the Treaty on the Functioning of the European Union (ex Article 234 EC), rules that a national-law provision is incompatible with EU law, whereas every interested party can bring an action for annulment of a national-law provision before the national Constitutional Court in the case where a judgment of the Constitutional Court, concerning a preliminary issue referred by a national court, has determined that that national-law provision is unconstitutional, and the annulling judgment of the Constitutional Court delivered in that action makes available the administrative or judicial remedies that are available to challenge acts and regulations of administrative authorities based on that national-law provision which has been annulled?