CELEX: 62010CO0267
Language: en
Date: 2011-05-23 00:00:00
Title: Order of the Court (Fifth Chamber) of 23 May 2011.#André Rossius (C 267/10) and Marc Collard (C 268/10) v Belgian State - Service public fédéral Finances.#References for a preliminary ruling: Tribunal de première instance de Namur - Belgium.#Article 6(1) TEU - Article 35 of the Charter of Fundamental Rights of the European Union - Possession and sale of manufactured smoking tobacco -National legislation authorising the levying of excise duty on tobacco products - Court manifestly incompetent.#Joined cases C-267/10 and C-268/10.

Order of the Court (Fifth Chamber) of 23 May 2011 – Rossius and Collard v État belge
      (Joined Cases C-267/10 and C-268/10)
      Article 6(1) TEU – Article 35 of the Charter of Fundamental Rights of the European Union – Possession and sale of manufactured smoking tobacco – National legislation authorising the levying of excise – Clear lack of jurisdiction of the Court
      1.                     Questions referred for a preliminary ruling – Jurisdiction of the Court – Limits – Request for interpretation of the Charter
            of Fundamental Rights of the Union – National decision not constituting a measure implementing Union law or demonstrating
            that it is connected in any other way to the latter – 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 15-16, 19)
      2.                     Questions referred for a preliminary ruling – Jurisdiction of the Court – Limits – Examination of the compatibility of national
            law with Union law – Not included (Art. 267 TFEU) (see paras 24-31)
      Re: 
      
         
               References for a preliminary ruling – Tribunal de première instance de Namur – Interpretation of the first paragraph of Article
                  6(1) TEU and of Article 35 of the Charter of Fundamental Rights of the European Union – Whether national legislation permitting
                  the production, import, promotion and sale of manufactured smoking tobacco, recognised to be seriously harmful, is compatible
                  with the object of protecting human health – Whether the provisions of national law authorising the levying of excise duty
                  on tobacco products are valid in the light of the [EU] rules cited.
               
            Operative part 
      
         
                   
               
               
                  
               
               
                  	The Court of Justice of the European Union is manifestly incompetent to reply to the questions referred by the Tribunal de
                     première instance de Namur (Belgium) by decisions of 24 March 2010.