Criminal proceedings against Giorgio Domingo Banchero. (Preliminary rulings) [1993] EUECJ C-157/92 (19 March 1993)

Criminal proceedings against Giorgio Domingo Banchero. (Preliminary rulings) [1993] EUECJ C-157/92 (19 March 1993)

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

Citation
[1993] EUECJ C-157/92
Parties
Prosecutor: Pretore di Genova; Defendant: Giorgio Domingo Banchero
Jurisdiction
European Union
Judgment Date
19 March 1993
Procedural Posture
Preliminary Ruling / Order on Admissibility
Outcome
reference for a preliminary ruling declared inadmissible
Legal Topics
Preliminary Reference, Admissibility, Competition Law, State Monopoly, Excise Duties, Importation of Tobacco
European Union Law Criminal Law Preliminary Reference Admissibility Competition Law State Monopoly Excise Duties Importation of Tobacco

Case Brief

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Parties

Pretore di Genova

Prosecutor

Giorgio Domingo Banchero

Defendant

Procedural Posture

Preliminary Ruling / Order on Admissibility

Legal Issues

  1. 1 Whether the reference for a preliminary ruling by the Pretura Circondariale di Genova is admissible under Article 177 EEC Treaty given the lack of factual and legislative context.

Ratio Decidendi

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

Court Disposition

reference for a preliminary ruling declared inadmissible

Orders

  • The reference for a preliminary ruling by the Pretura Circondariale di Genova made by order of 14 March 1992 is inadmissible.