Lutz & Ors (Law relating to undertakings) [2002] EUECJ C-182/00 (15 January 2002)

Lutz & Ors (Law relating to undertakings) [2002] EUECJ C-182/00 (15 January 2002)

The Landesgericht Wels, when acting as a Handelsgericht in the context of maintaining the register of companies and ordering disclosure of company accounts, is not exercising a judicial function but an administrative one. Therefore, it is not a 'court or tribunal' within the meaning of Article 234 EC, and the Court of Justice has no jurisdiction to answer the questions referred.

Citation
[2002] EUECJ C-182/00
Parties
Applicant: Lutz GmbH and Others; Referring Court: Landesgericht Wels (Regional Court Wels)
Jurisdiction
European Union
Judgment Date
15 January 2002
Procedural Posture
Preliminary Ruling (article 234 Ec) / Jurisdictional Determination
Outcome
Court of Justice of the European Communities has no jurisdiction to answer the questions submitted by the Landesgericht Wels.
Legal Topics
Preliminary Reference, Disclosure Obligations, Jurisdiction of the Court of Justice, Company Accounts, Proportionality, Fundamental Rights
European Union Law Company Law Procedural Law Preliminary Reference Disclosure Obligations Jurisdiction of the Court of Justice Company Accounts Proportionality +1 more

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Parties

Lutz GmbH and Others

Applicant

Landesgericht Wels (Regional Court Wels)

Referring Court

Procedural Posture

Preliminary Ruling (article 234 Ec) / Jurisdictional Determination

Legal Issues

  1. 1 Whether the Court of Justice has jurisdiction to answer questions referred by the Landesgericht Wels acting as a Handelsgericht in the context of company register maintenance
  2. 2 Whether the referring body is a 'court or tribunal' within the meaning of Article 234 EC

Ratio Decidendi

The Landesgericht Wels, when acting as a Handelsgericht in the context of maintaining the register of companies and ordering disclosure of company accounts, is not exercising a judicial function but an administrative one. Therefore, it is not a 'court or tribunal' within the meaning of Article 234 EC, and the Court of Justice has no jurisdiction to answer the questions referred.

Court Disposition

Court of Justice of the European Communities has no jurisdiction to answer the questions submitted by the Landesgericht Wels.