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Order of the Court (Seventh Chamber) of 15 May 2019

Order of the Court (Seventh Chamber) of 15 May 2019

Data

Court
Court of Justice
Case date
15 mei 2019

Verdict


Order of the Court of Justice (Seventh Chamber) of 15 May 2019 — Corte dei Conti and Others

(Joined Cases C‑789/18 and C‑790/18)(1)

"(Reference for a preliminary ruling - Civil service - Cumulation of emoluments from activities as employed or self-employed persons in the service of one or more State entities - National legislation providing for a ceiling to such cumulation - Purely internal situation - Article 53(2) and Article 94 of the Rules of Procedure of the Court - Manifest inadmissibility)"

1. Questions referred for a preliminary rulingAdmissibilityNeed to provide the Court with sufficient information on the factual and legislative contextScope of the obligation in the field of fundamental freedomsQuestion raised concerning a dispute confined within a single Member StateNo indication as to how the requested interpretation is necessary to resolve the disputeInadmissibility

(Arts 45 and 267 TFEU; Rules of Procedure of the Court of Justice, Arts 53(2) and 94)

(see paras 21, 23-25, 30, operative part)

2. Questions referred for a preliminary rulingJurisdiction of the CourtLimitsRequest for an interpretation of the Charter of Fundamental Rights of the European UnionSubject matter of the national dispute not having any connection with EU lawClear lack of jurisdiction of the Court

(Arts 6(1) TEU; Arts 45 and 267 TFEU; Charter of Fundamental Rights of the European Union, Arts 15, 20, 21, 31 and 51(1) and (2))

(see paras 27-29)

Operative part

The requests for a preliminary ruling made by Tribunale amministrativo regionale per il Lazio (Regional Administrative Court, Lazio, Italy), by decision of 7 November 2018, are manifestly inadmissible.