Order of the Court (Seventh Chamber) of 18 April 2023

Data

Court: Court of Justice

Case date: 18 april 2023

Verdict

Order of the Court (Seventh Chamber) of 18 April 2023 –
Vantage Logistics v Administraţia Judeţeană a Finanţelor Publice Alba and Others

(Case C‑200/22)^(*)

"(Reference for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court of Justice - Judicial cooperation in civil matters - Insolvency proceedings - Restructuring plan - Directive (EU) 2019/1023 - Applicability ratione temporis and ratione materiae - Article 17 of the Charter of Fundamental Rights of the European Union - Clear lack of jurisdiction of the Court)"

Questions referred for a preliminary rulingJurisdiction of the CourtLimitsRequest for interpretation of provisions of EU law manifestly inapplicable in the dispute in the main proceedingsLack of jurisdiction of the Court

(Art. 267 TFEU; European Parliament and Council Directive 2019/1023; Rules of Procedure of the Court of Justice, Art. 53(2))

(see paragraphs 20-25, operative part)

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

(Art. 6(1) TEU; Art. 267 TFEU; Charter of Fundamental Rights of the European Union, Arts. 17 and 51(1) and (2); Rules of Procedure of the Court; Art. 53(2))

(see paragraphs 26-29, operative part)

Operative part

The Court of Justice of the European Union clearly lacks jurisdiction to answer the question referred for a preliminary ruling by the Curtea de Apel Alba Iulia (Court of Appeal, Alba Iulia, Romania), by the decision of 22 February 2022.