CELEX: 62013CB0224
Language: en
Date: 2013-11-07 00:00:00
Title: Case C-224/13: Order of the Court (Sixth Chamber Chamber) of 7 November 2013 — (reference for a preliminary ruling from the Tribunal di Cagliari (Italy)) — Criminal proceedings against Sergio Alfonso Lorrai (Request for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Fundamental rights — Excessive length of the criminal proceedings — Stay of criminal proceedings, for an indefinite period, in the event of sickness of the accused making him incapable of consciously participating in the proceedings — Irreversible sickness of the accused — Failure to implement European Union law — Clear lack of jurisdiction of the Court of Justice)

22.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 52/23
            
         Order of the Court (Sixth Chamber Chamber) of 7 November 2013 — (reference for a preliminary ruling from the Tribunal di Cagliari (Italy)) — Criminal proceedings against Sergio Alfonso Lorrai
   (Case C-224/13) (1)
   
   (Request for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court of Justice - Fundamental rights - Excessive length of the criminal proceedings - Stay of criminal proceedings, for an indefinite period, in the event of sickness of the accused making him incapable of consciously participating in the proceedings - Irreversible sickness of the accused - Failure to implement European Union law - Clear lack of jurisdiction of the Court of Justice)
   2014/C 52/41
   Language of the case: Italian
   
      Referring court
   
   Tribunal di Cagliari (Italy)
   
      Criminal proceedings against
   
   Sergio Alfonso Lorrai
   
      Re:
   
   Request for a preliminary ruling — Tribunal di Cagliari — Interpretation of Article 47(2) of the Charter of Fundamental Rights of the European Union and of Article 6 of the European Convention on Human Rights read together with Article 6 TEU — Excessive length of the criminal proceedings — National legislation laying down the obligation to stay criminal proceedings, for an indefinite period, in the event of sickness of the accused, making him incapable of consciously participating in the proceedings — Obligation to subject the accused to periodic checks — Irreversible sickness of the accused.
   
      Operative part of the order
   
   The Court of Justice of the European Union clearly has no jurisdiction to answer the questions referred by the Tribunal di Cagliari (Italy).
   
      (1)  OJ C 207, 20.7.2013.