CELEX: 62016CA0003
Language: en
Date: 2017-03-15 00:00:00
Title: Case C-3/16: Judgment of the Court (First Chamber) of 15 March 2017 (request for a preliminary ruling from the Hof van beroep te Brussel — Belgium) — Lucio Cesare Aquino v Belgische Staat (Reference for a preliminary ruling — EU law — Rights conferred on individuals — Infringement by a court — Questions referred for a preliminary ruling — Reference to the Court — National court of last instance)

15.5.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 151/10
            
         Judgment of the Court (First Chamber) of 15 March 2017 (request for a preliminary ruling from the Hof van beroep te Brussel — Belgium) — Lucio Cesare Aquino v Belgische Staat
   (Case C-3/16) (1)
   
   ((Reference for a preliminary ruling - EU law - Rights conferred on individuals - Infringement by a court - Questions referred for a preliminary ruling - Reference to the Court - National court of last instance))
   (2017/C 151/14)
   Language of the case: Dutch
   
      Referring court
   
   Hof van beroep te Brussel
   
      Parties to the main proceedings
   
   
      Applicant: Lucio Cesare Aquino
   
      Defendant: Belgische Staat
   
      Operative part of the judgment
   
   
               1.
            
            
               The third paragraph of Article 267 TFEU must be interpreted as meaning that a court against whose decisions there is a judicial remedy under national law may not be regarded as a court adjudicating at last instance, where an appeal on a point of law against a decision of that court is not examined because of discontinuance by the appellant.
            
         
               2.
            
            
               There is no need to answer Question 2.
            
         
               3.
            
            
               The third paragraph of Article 267 TFEU must be interpreted as meaning that a court adjudicating at last instance may decline to refer a question to the Court for a preliminary ruling where an appeal on a point of law is dismissed on grounds of inadmissibility specific to the procedure before that court, subject to compliance with the principles of equivalence and effectiveness.
            
         
      (1)  OJ C 136, 18.4.2016.