Jules Borker. [1980] EUECJ R-138/80 (18 June 1980)

Jules Borker. [1980] EUECJ R-138/80 (18 June 1980)

The Conseil de l'ordre des avocats is not a court or tribunal within the meaning of Article 177 EEC Treaty as it is not called upon to give judgment in proceedings intended to lead to a judicial decision; therefore, the Court of Justice has no jurisdiction to answer the question referred.

Citation
[1980] EUECJ R-138/80
Parties
Applicant: Jules Borker; Referring Body: Conseil de l'ordre des avocats à la Cour de Paris
Jurisdiction
European Union
Judgment Date
18 June 1980
Procedural Posture
Reference for Preliminary Ruling / Order on Jurisdiction
Outcome
Court has no jurisdiction
Legal Topics
Preliminary Reference, Jurisdiction of the Court, Direct Effect of Directives, Freedom to Provide Services
European Union Law Legal Profession Preliminary Reference Jurisdiction of the Court Direct Effect of Directives Freedom to Provide Services

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Parties

Jules Borker

Applicant

Conseil de l'ordre des avocats à la Cour de Paris

Referring Body

Procedural Posture

Reference for Preliminary Ruling / Order on Jurisdiction

Legal Issues

  1. 1 Whether the Conseil de l'ordre des avocats qualifies as a 'court or tribunal' under Article 177 EEC Treaty for the purpose of making a preliminary reference
  2. 2 Whether the Court of Justice has jurisdiction to answer the question referred

Ratio Decidendi

The Conseil de l'ordre des avocats is not a court or tribunal within the meaning of Article 177 EEC Treaty as it is not called upon to give judgment in proceedings intended to lead to a judicial decision; therefore, the Court of Justice has no jurisdiction to answer the question referred.

Court Disposition

Court has no jurisdiction

Orders

  • The Court of Justice of the European Communities has no jurisdiction to answer the question referred to it by the Conseil de l'ordre des avocats à la Cour de Paris by its decision of 27 May 1980.