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Order of the Court (Fifth Chamber) of 22 September 2011.#Richard Lebrun and Marcelle Howet v Belgian State.#Reference for a preliminary ruling: Tribunal de première instance de Liège - Belgium.#Articles 92(1), 103(1), 104(3), first subparagraph, of the Rules of Procedure - Reference for a preliminary ruling - Examination of the conformity of a national provision with both European Union law and the national constitution - National legislation granting priority to an interlocutory procedure for the review of constitutionality - Charter of Fundamental Rights of the European Union - Requirement of link with European Union law - Clear absence of jurisdiction of the Court.#Case C-538/10.
ECLI:EU:C:2011:614
62010CO0538
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(Case C-538/10)
Articles 92(1), 103(1) and 104(3), first subparagraph, of the Rules of Procedure – Reference for a preliminary ruling – Examination of the conformity of a national provision with both European Union law and the national constitution – National legislation giving priority to an interlocutory procedure for the review of constitutionality – Charter of Fundamental Rights of the European Union – Necessity of link to Union law – Manifest lack of jurisdiction of the Court
Questions referred for a preliminary ruling – Reference to the Court – Jurisdiction of the national courts – National legislation giving priority to an interlocutory procedure for the review of constitutionality – Not permissible – Condition (Art. 267 TFEU) (see para.16)
Questions referred for a preliminary ruling – Jurisdiction of the Court – Limits – Request for interpretation of the Charter of Fundamental Rights of the European Union – National decision not indicating any connection to the law of the Union – Lack of jurisdiction of the Court (Art. 267 TFUE; Charter of Fundamental Rights of the European Union, Arts 17, 47 and 51(1)) (see points 17-20)
Re:
Reference for a preliminary ruling – Tribunal de première instance, Liège – Interpretation of Articles 6 TEU, 267 TFEU and 47 of the Charter of Fundamental Rights of the European Union – National courts bound to make a referral beforehand to the Constitutional Court in cases of presumed infringement by national legislation of fundamental rights – Whether the national provision requiring that preliminary referral accords with Union law – Possibility for national courts of reviewing the compatibility of the national rules with international treaties when the Constitutional Court has declared the national legislation at issue compatible with the fundamental rights guaranteed by the constitution.
Re:
The Court of Justice of the European Union manifestly lacks jurisdiction to answer the question referred for a preliminary ruling by the tribunal de première instance de Liège (Belgium).