Order of the Court (Eighth Chamber) of 12 December 2023

Data

Court: Court of Justice

Case date: 12 december 2023

Verdict

Order of the Court (Eighth Chamber) of 12 December 2023 –
Hera Luce

(Case C‑407/23)

"(Reference for a preliminary ruling - Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice - Requirement to set out the factual and legislative context of the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling - Lack of sufficient information - Manifest inadmissibility)"

1. Questions referred for a preliminary rulingAdmissibilityQuestions referred without sufficient information regarding the reasons justifying the need for an answer to the questions referred for a preliminary rulingNo connecting factor between the dispute in the main proceedings and the provision of EU law referred to in the questions referred for a preliminary rulingManifest inadmissibility

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

(see paragraphs 16-20, 22-25, 27, operative part)

2. Questions referred for a preliminary rulingAdmissibilityNeed to provide the Court with sufficient information regarding the factual and legislative contextExistence of certain cross-border interestLack of information enabling a useful answerManifest inadmissibility

(Art. 267 TFEU; Rules of Procedure of the Court of Justice, Arts 53(2) and 94(a) and (b))

(see paragraphs 21, 26)

Operative part

The request for a preliminary ruling made by the Consiglio di Stato (Council of State, Italy), by decision of 7 June 2023, is manifestly inadmissible.