Job Centre Coop. ARL. (Preliminary rulings) [1995] EUECJ C-111/94 (19 October 1995)

Job Centre Coop. ARL. (Preliminary rulings) [1995] EUECJ C-111/94 (19 October 1995)

The Court has no jurisdiction to answer questions referred from non-contentious proceedings for company registration, as such proceedings are administrative and not judicial within the meaning of Article 177 EC Treaty.

Citation
[1995] EUECJ C-111/94
Parties
Applicant: Job Centre (JCC); Referring Court: Tribunale Civile e Penale di Milano; Intervener: Italian Government; Intervener: German Government; Intervener: Commission of the European Communities
Jurisdiction
European Union
Judgment Date
19 October 1995
Procedural Posture
Preliminary Ruling / Reference for Preliminary Ruling Under Article 177 EC Treaty
Outcome
Court of Justice has no jurisdiction to answer the questions referred.
Legal Topics
Preliminary Reference, Jurisdiction of the Court of Justice, Company Registration, Employment Agency Regulation, Public Policy Exception
European Union Law Labour Law Administrative Law Preliminary Reference Jurisdiction of the Court of Justice Company Registration Employment Agency Regulation Public Policy Exception

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Parties

Job Centre (JCC)

Applicant

Tribunale Civile e Penale di Milano

Referring Court

Italian Government

Intervener

German Government

Intervener

Commission of the European Communities

Intervener

Procedural Posture

Preliminary Ruling / Reference for Preliminary Ruling Under Article 177 EC Treaty

Legal Issues

  1. 1 Whether national laws on employment procurement and temporary work constitute exercise of official authority under Articles 66 and 55 EC Treaty
  2. 2 Whether Community rules are directly applicable to permit private employment intermediation absent national implementation
  3. 3 Whether the Court has jurisdiction to answer questions referred from non-contentious proceedings

Ratio Decidendi

The Court has no jurisdiction to answer questions referred from non-contentious proceedings for company registration, as such proceedings are administrative and not judicial within the meaning of Article 177 EC Treaty.

Court Disposition

Court of Justice has no jurisdiction to answer the questions referred.

Orders

  • The Court of Justice of the European Communities has no jurisdiction to answer the questions raised by the Tribunale Civile e Penale di Milano in its order for reference of 31 March 1994.