CELEX: 62011CO0483
Language: en
Date: 2011-12-14 00:00:00
Title: Order of the Court (Sixth Chamber) of 14 December 2011.#Andrei Emilian Boncea and Others (C-483/11) and Mariana Budan (C 484/11) v Statul român.#Reference for a preliminary ruling: Tribunalul Argeş - Romania.#Reference for a preliminary ruling - Articles 43, 92(1) and 103(1 )of the Rules of Procedure - Charter of Fundamental Rights of the European Union - Compensation payable to persons sentenced in political trials under the Communist regime - Right to compensation for non-material harm suffered - Failure to implement European Union law - Court clearly lacking jurisdiction.#Joined cases C-483/11 and C-484/11.

Order of the Court (Sixth Chamber) of 14 December 2011 – Boncea and Others v Statul român
      (Joined Cases C-483/11 and C-484/11)
      Reference for a preliminary ruling – Articles 43, 92(1) and 103(1) of the Rules of Procedure – Charter of Fundamental Rights of the European Union – Compensation payable to persons sentenced in political trials under the Communist regime – Right to compensation for non-material harm suffered – Failure to implement European Union law – Court clearly lacking jurisdiction
      References for a preliminary ruling – Jurisdiction of the Court – Limits – Request for interpretation of the Charter of Fundamental Rights of the Union – National legislation not amounting to a measure giving effect to Union law – Lack of jurisdiction of the Court (Art. 6(1) TEU; Art. 267 TFEU; Charter of Fundamental Rights of the European Union, Art.
         51(1)) (see paras 28, 30-35, operative part)
      
      Re: 
      
         
               Request for a preliminary ruling – Tribunalul Argeş – Interpretation of Article 5 of the European Convention for the Protection
                  of Human Rights and Fundamental Freedoms and of Article 8 of the Universal Declaration of Human Rights – Compensation of individuals
                  who were the subject of politically-motivated convictions under the Communist regime – Whether national legislation reducing
                  the right to compensation for the non-material damage suffered is permissible.
               
            Operative part 
      The Court of Justice of the European Union clearly lacks jurisdiction to reply to the questions referred by the Tribunalul
         Argeş (Romania) by decisions of 4 April and 4 July 2011.