Order of the Court (Tenth Chamber) of 7 February 2013
Order of the Court (Tenth Chamber) of 7 February 2013
Data
- Court
- Court of Justice
- Case date
- 7 februari 2013
Verdict
Order of the Court (Tenth Chamber) of 7 February 2013 — Pedone
(Case C-498/12)
"Request for a preliminary ruling - Charter of Fundamental Rights of the European Union - Requirement of link with EU law - Clear lack of jurisdiction of the Court"
Questions referred for a preliminary rulingJurisdiction of the CourtLimitsExamination of the compatibility of national law with EU lawNot includedProviding the national court with full guidance on the interpretation of EU lawIncluded (Art. 267 TFEU) (para. 10)
Questions referred for a preliminary rulingJurisdiction of the CourtLimitsApplication for an interpretation of the Charter of Fundamental Rights of the European UnionSubject-matter of the national dispute bearing no link to EU lawNational legislation on legal expenses which provides that a lawyer’s fees are to be reduced by half where he accepts to represent clients who have been granted legal aidLegislation which does not implement EU lawLack of jurisdiction of the Court (Art. 6(1) TEU; Art. 267 TFEU; Charter of Fundamental Rights of the European Union, Arts 47 and 51(1); Rules of Procedure of the Court of Justice, Art. 53(2)) (see paras 12-16)
Re:
Request for a preliminary ruling — Tribunale di Tivoli — Interpretation of Article 47(3) of the Charter of Fundamental Rights of the European Union and of Article 6 of the European Convention on Human Rights, read in conjunction with Article 6 TEU and Article 52(3) of the Charter of Fundamental Rights — Legal aid — National legislation providing that consultancy fees are to be reduced by half where the client has been granted legal aid.
Operative part
The Court of Justice of the European Union clearly has no jurisdiction to answer the questions referred for a preliminary ruling by the Tribunale di Tivoli (Italy).