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Order of the Court (Seventh Chamber) of 12 February 2010. # Município de Barcelos v Estado português. # Reference for a preliminary ruling: Município de Barcelos - Portugal. # Definition of ‘national jurisdiction’ - Manifest lack of jurisdiction. # Case C-408/09.
ECLI:EU:C:2010:77
62009CO0408
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(Case C‑408/09)
Definition of ‘national jurisdiction’ – Manifest lack of jurisdiction
Preliminary rulings – Reference to the Court – National court or tribunal for the purposes of Article 234 EC – Meaning – To be determined on the basis of criteria relating to that body’s constitution and function – Municipal body – No judicial function (Art. 234 EC) (see paras 4-11)
Re:
Interpretation of Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (OJ 1997 L 73, p. 5) – Question not referred by a court or tribunal – Jurisdiction of the Court – Manifest inadmissibility.
Operative part:
The Court of Justice of the European Union clearly has no jurisdiction to rule on the question referred by the Município de Barcelos.