Source: All England Reporter
Publisher Citation: [2005] All ER (D) 274 (Jan)
Court: Court of Justice of the European Communities (Fourth Chamber)
Judge:

Judges Lenaerts (President of the Chamber), Colneric and Cunha Rodrigues (Rapporteur)
Judgment Dates: 27 January 2005

Catchwords

European Communities - Court of Justice - Practice and procedure - Reference for preliminary ruling - Nature of court or body making preliminary reference - Competence of Court to rule on questions referred - EC Treaty, art 234.

The Case

In the instant case, as the parties had been under no obligation, in law or fact, to refer their disputes to arbitration and the Belgian public authorities were not involved in the decision to opt for arbitration, the Arbitration Panel of the Travel Dispute Committee, which was the body making a reference to the European Court of Justice of the European Communities for a preliminary ruling, could not be regarded as a court or tribunal of a member state for the purposes of art234 EC. Accordingly, the Court was not competent to rule on questions referred to it by the Arbitration Panel.

Practice Areas

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