11.9.2010

Official Journal of the European Union

C 246/24

(Case C-314/10)

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2010/C 246/42

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Hubert Pagnoul

Defendant: Belgian State — SPF Finances

Question referred

Does Article 6 of Title I, ‘Common Provisions’, of the Treaty of Lisbon of 13 December 2007 amending the Treaty on European Union, signed at Maastricht on 7 February 1992, in force since 1 December 2009 (substantially reproducing the provisions previously contained in Article 6 of Title I of the Treaty on European Union signed at Maastricht on 7 February 1992, which itself entered into force on 1 November 1993) and Article 234 (formerly 177) of the Treaty establishing the European Community (EC Treaty) of 25 March 1957, on the one hand, and/or Article 47 of the Charter of Fundamental Rights of the European Union of 7 December 2000, on the other hand, preclude a national Law, such as that of 12 July 2009 amending Article 26 of the Special Law of 6 January 1989 on the Cour d’Arbitrage, from requiring prior recourse to the Cour Constitutionnelle by a national court which finds that a taxpaying citizen is deprived of the effective judicial protection guaranteed by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as incorporated in Community law, by another national Law, namely Article 49 of the Programmatic Law of 9 July 2004, without that court being able immediately to ensure the direct applicability of Community law to the dispute before it or being able to scrutinise compliance with that convention when the Cour Constitutionnelle has recognised the compatibility of the national law with the fundamental rights guaranteed by Title II of the Constitution?

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Language of the case: French.

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