Criminal proceedings against Mostafa Saddik. (Preliminary rulings) [1995] EUECJ C-458/93 (23 March 1995)

Criminal proceedings against Mostafa Saddik. (Preliminary rulings) [1995] EUECJ C-458/93 (23 March 1995)

The reference was inadmissible because it lacked sufficient factual and legislative context and included hypothetical questions, preventing the Court from providing a helpful interpretation of Community law.

Citation
[1995] EUECJ C-458/93
Parties
Defendant: Mostafa Saddik; Referring Court: Pretura Circondariale di Roma
Jurisdiction
European Union
Judgment Date
23 March 1995
Procedural Posture
Preliminary Ruling / Order on Admissibility
Outcome
reference inadmissible
Legal Topics
Preliminary Reference, Inadmissibility, Interpretation of EC Treaty, Smuggling, Processed Tobacco Monopoly
European Union Law Criminal Law Preliminary Reference Inadmissibility Interpretation of EC Treaty Smuggling Processed Tobacco Monopoly

Case Brief

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Parties

Mostafa Saddik

Defendant

Pretura Circondariale di Roma

Referring Court

Procedural Posture

Preliminary Ruling / Order on Admissibility

Legal Issues

  1. 1 Whether Italian criminal penalties for evasion of frontier duties on imported tobacco are compatible with EC Treaty
  2. 2 Whether penalties for infringement of the Italian processed-tobacco monopoly are contrary to EC Treaty
  3. 3 Admissibility of preliminary reference lacking factual and legislative context

Ratio Decidendi

The reference was inadmissible because it lacked sufficient factual and legislative context and included hypothetical questions, preventing the Court from providing a helpful interpretation of Community law.

Court Disposition

reference inadmissible

Orders

  • The reference for a preliminary ruling submitted by the Pretura Circondariale di Roma by order of 24 November 1993 is inadmissible.