Eurosaneamientos SL and Others v ArcelorMittal Zaragoza SA and Francesc de Bolós Pi v Urbaser SA.
Date: 2016-12-08
26


It is appropriate to note that, in accordance with settled case-law, the procedure provided for by Article 267 TFEU is an instrument of cooperation between the Court of Justice and national courts by means of which the former provides the latter with interpretation of such Community law as is necessary for them to give judgment in cases upon which they are called to adjudicate (see judgment of 6 September 2016, Petruhhin , C‑182/15, EU:C:2016:630, paragraph 18 and the case-law cited).
27


In the context of that cooperation, it is solely for the national court hearing the case, which must assume responsibility for the subsequent judicial decision, to determine, with regard to the particular aspects of the case, both the need for a preliminary ruling in order to enable it to deliver judgment and the relevance of the questions which it refers to the Court. Consequently, where the questions submitted concern the interpretation of EU law, the Court is in principle bound to give a ruling (see judgment of 6 September 2016, Petruhhin , C‑182/15, EU:C:2016:630, paragraph 19 and the case-law cited).
28


It follows that questions on the interpretation of EU law referred by a national court in the factual and legislative context which that court is responsible for defining and the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of EU law that is sought is unrelated to the actual facts of the main action or its object, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see judgment of 6 September 2016, Petruhhin, C‑182/15, EU:C:2016:630, paragraph 20 and the case-law cited).
30


It should be observed as a preliminary point that, according to settled case-law, in the procedure laid down by Article 267 TFEU, providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the referring court with an answer which will be of use to it and enable it to determine the case before it. With this in mind, the Court of Justice may, where necessary, have to reformulate the questions referred to it (see, to that effect, judgment of 28 April 2016, Oniors Bio , C‑233/15, EU:C:2016:305, point 30 and the case-law cited).
34


Although it is true that Articles 101 TFEU and 102 TFEU are concerned solely with the conduct of undertakings and not with laws or regulations emanating from Member States, those articles, read in conjunction with Article 4(3) TEU, which lays down a duty to cooperate, nonetheless require Member States not to introduce or maintain in force measures, even of a legislative or regulatory nature, which may render ineffective the competition rules applicable to undertakings (see, to that effect, order of 5 May 2008, Hospital Consulting and Others, C‑386/07, not published, EU:C:2008:256, paragraph 19 and the case-law cited).
35


It is clear from settled case-law that Article 101 TFEU and Article 4(3) TEU are infringed where a Member State requires or encourages the adoption of agreements, decisions or concerted practices contrary to Article 101 TFEU or reinforces their effects, or where it divests its own rules of the character of legislation by delegating to private economic operators responsibility for taking decisions affecting the economic sphere (judgment of 5 December 2006, Cipolla and Others, C‑94/04 and C‑202/04, EU:C:2006:758, paragraph 47 and the case-law cited).
36


In order to ascertain whether the Kingdom of Spain has divested the legislation at issue in the main proceedings of its character as a State measure, it is necessary to examine, firstly, whether it delegated the drafting of the tariff of procuradores’ charges to private operators, in this case to the professional associations of procuradores (see, to that effect, judgments of 19 February 2002, Arduino , C‑35/99, EU:C:2002:97, paragraph 36; of 5 December 2006, Cipolla and Others , C‑94/04 and C‑202/04, EU:C:2006:758, paragraph 48; and order of 5 May 2008, Hospital Consulting and Others , C‑386/07, not published, EU:C:2008:256, paragraph 21) and, secondly, whether the determination of the fees remains under State control (see, to that effect, judgments of 19 February 2002, Arduino, C‑35/99,EU:C:2002:97, paragraph 42; of 5 December 2006, Cipolla and Others, C‑94/04 and C‑202/04, EU:C:2006:758, paragraph 51; and order of 5 May 2008, Hospital Consulting and Others, C‑386/07, not published, EU:C:2008:256, paragraph 24).
45


In that regard, in so far as the requests for a preliminary ruling concern the compatibility of the requirements in question with the provisions of the TFEU on freedom to provide services, it should be observed that they are not applicable in a situation all the elements of which are confined within a single Member State (see, to that effect, order of 12 May 2016, Security Service and Others, C‑692/15 to C‑694/15, EU:C:2016:344, paragraph 23 and the case-law cited, and judgment of 15 November 2016, Ullens de Schooten, C‑268/15, EU:C:2016:874, paragraph 47).
46


The Court has held that the specific factors that allow a link to be established between the articles of the FEU Treaty on freedom to provide services and the subject or circumstances of a dispute, confined in all respects within a single Member State, must be apparent from the order for reference (see, to that effect, judgment of 15 November 2016, Ullens de Schooten, C‑268/15, EU:C:2016:874, paragraph 54).
47


Consequently, in a situation such as that at issue in the main proceedings which is confined in all respects within a single Member State, it is for the referring court to indicate to the Court, in accordance with the requirements of Article 94 of the Rules of Procedure of the Court, in what way the dispute pending before it, despite its purely domestic character, has a connecting factor with the provisions of EU law on the fundamental freedoms that makes the preliminary ruling on interpretation necessary for it to give judgment in that dispute (see, to that effect, judgment of 15 November 2016, Ullens de Schooten, C‑268/15, EU:C:2016:874, paragraph 55).
52


It is the settled case-law of the Court that the fundamental rights guaranteed in the legal order of the European Union are applicable in all situations governed by EU law, but not outside such situations. In this respect the Court has already observed that it has no power to examine the compatibility with the Charter of national legislation lying outside the scope of EU law. However, if such national legislation falls within the scope of EU law, the Court, when requested to give a preliminary ruling, must provide all the guidance as to interpretation needed in order for the national court to determine whether that legislation is compatible with the fundamental rights the observance of which the Court ensures (see, to that effect, judgment of 26 February 2013, Åkerberg Fransson , C‑617/10, EU:C:2013:105, paragraph 19 and the case-law cited).
54


In the context of the present requests for a preliminary ruling, the national legislation at issue in the main proceedings governs, in general, certain fees connected with the administration of justice. It is not intended to implement provisions of EU law. In addition, EU law does not contain any specific rules in that area or any which are likely to affect that national legislation (see, to that effect, judgment of 27 March 2014, Torralbo Marcos , C‑265/13, EU:C:2014:187, paragraph 32).
55


It is not apparent from the orders for reference that the subject matter of the disputes in the main proceedings fall within the scope of EU law (see, by analogy, judgment of 22 December 2010, DEB, C‑279/09, EU:C:2010:811, paragraphs 28 and 29, and, to that effect, order of 28 November 2013, Sociedade Agrícola e Imobiliária da Quinta de S. Paio , C‑258/13, EU:C:2013:810, paragraph 23).