CELEX: 62010CO0314
Language: en
Date: 2011-09-22 00:00:00
Title: Order of the Court (Fifth Chamber) of 22 September 2011. # Hubert Pagnoul v Belgian State. # Reference for a preliminary ruling: Tribunal de première instance de Liège - Belgium. # Articles 92(1), 103(1) and the first subparagraph of Article 104(3) of the Rules of Procedure - Reference for a preliminary ruling - Examination of compatibility of national rule both with European Union law and with national Constitution -National legislation requiring preliminary review procedure in case of constitutionality - Charter of Fundamental Rights of the European Union - Need for a connection with European Union law - Manifest lack of jurisdiction of the Court of Justice. # Case C-314/10.

Order of the Court (Fifth Chamber) of 22 September 2011 – Pagnoul v État belge
      (Case C-314/10)
      Articles 92(1), 103(1) and the first subparagraph of Article 104(3) of the Rules of Procedure – Reference for a preliminary ruling – Examination of compatibility of national rule both with European Union law and with national Constitution – National legislation giving priority to a preliminary procedure reviewing constitutionality – Charter of Fundamental Rights of the European Union – Necessity of a connection with Union law – Manifest lack of jurisdiction of the Court of Justice
      1.                     Questions referred for a preliminary ruling – Reference to the Court – Jurisdiction of the national courts – National legislation
            giving priority to a preliminary procedure reviewing constitutionality – Not permissible – Condition (Art. 267 TFEU) (see
            para. 21)
      2.                     Preliminary rulings – Jurisdiction of the Court – Limits – Request for interpretation of the Charter of Fundamental Rights
            of the European Union – National decision not indicating any connection with the law of the Union – Lack of jurisdiction of
            the Court (Art. 267 TFEU; Charter of Fundamental Rights of the European Union, Arts 17, 47 and 51(1)) (see paras 22-25)
      Re: 
      
         
               Reference for a preliminary ruling – Tribunal de première instance de Liège – Interpretation of Articles 6 TEU, 267 TFEU and
                  47 of the Charter of Fundamental Rights of the European Union – Obligatory preliminary referral to the constitutional court
                  by national courts in cases of presumed infringement of fundamental rights by national legislation – Compatibility with Union
                  law of the provision of national law requiring that preliminary referral – Possibility for national courts of reviewing the
                  compatibility of national rules with international treaties when the constitutional court has declared the national legislation
                  at issue compatible with the fundamental rights guaranteed by the Constitution.
               
            Operative part 
      The Court of Justice of the European Union manifestly lacks jurisdiction to answer the question referred for a  preliminary
         ruling by the Tribunal de première instance de Liège (Belgium).