Criminal proceedings against Carlo Sunino and Giancarlo Data. (Preliminary rulings) [1996] EUECJ C-2/96 (20 March 1996)

Criminal proceedings against Carlo Sunino and Giancarlo Data. (Preliminary rulings) [1996] EUECJ C-2/96 (20 March 1996)

The reference from the national court was manifestly inadmissible because it failed to provide sufficient factual and legislative context, preventing the Court from giving a useful interpretation of Community law.

Citation
[1996] EUECJ C-2/96
Parties
Defendant: Carlo Sunino; Defendant: Giancarlo Data
Jurisdiction
European Union
Judgment Date
20 March 1996
Procedural Posture
Preliminary Ruling (criminal Proceedings) / Order on Admissibility
Outcome
request for preliminary ruling declared inadmissible
Legal Topics
Preliminary Reference, Interpretation of EC Treaty, Admissibility of Reference, Employment Procurement, Temporary Employment
European Union Law Criminal Law Preliminary Reference Interpretation of EC Treaty Admissibility of Reference Employment Procurement Temporary Employment

Case Brief

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Parties

Carlo Sunino

Defendant

Giancarlo Data

Defendant

Procedural Posture

Preliminary Ruling (criminal Proceedings) / Order on Admissibility

Legal Issues

  1. 1 Whether the national court's reference for a preliminary ruling is admissible under Article 177 of the EC Treaty
  2. 2 Whether the reference provides sufficient factual and legislative context for the Court to interpret Articles 48, 55, 59, 60, 66, 86 and 90 of the EC Treaty

Ratio Decidendi

The reference from the national court was manifestly inadmissible because it failed to provide sufficient factual and legislative context, preventing the Court from giving a useful interpretation of Community law.

Court Disposition

request for preliminary ruling declared inadmissible

Orders

  • The request for a preliminary ruling submitted by the Pretura Circondariale di Ivrea, Sezione di Strambino, by order of 14 December 1995 is inadmissible.