13.2.2010

Official Journal of the European Union

C 37/3

(Case C-457/09)

2010/C 37/05

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Claude Chartry

Defendant: État belge

Question referred

‘Do Article 6 [EU] and Article 234 [EC] preclude national legislation, such as the Law of 12 July 2009 amending Article 26 of the Law [on the Constitutional Court], from requiring the national court to make a reference to the Constitutional Court for a preliminary ruling, if it finds that a citizen taxpayer has been 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 into Community law, by another national law, [namely] Article 49 of the Law … of 9 July 2004, without that national court being able to ensure immediately the direct [effect] of Community law [in the] proceedings before it and without being able also to carry out a review of its compliance with the Convention where the Constitutional Court has recognised the compatibility of the national legislation with the fundamental rights guaranteed by Title II of the [Belgian] Constitution?’