Criminal proceedings against Juan Carlos Grau Gomis and others. (Preliminary rulings) [1995] EUECJ C-167/94 (7 April 1995)
The Court has no jurisdiction to interpret Article B of the Treaty on European Union in a preliminary ruling, and the remainder of the reference is inadmissible due to insufficient factual and legislative context provided by the national court.
- Citation
- [1995] EUECJ C-167/94
- Parties
- Accused: Juan Carlos Grau Gomis and Others; Referring Court: Juzgado de Instrucción de Sueca, Valencia (Spain)
- Jurisdiction
- European Union
- Judgment Date
- 07 April 1995
- Procedural Posture
- Preliminary Ruling / Order on Admissibility and Jurisdiction
- Outcome
- Reference dismissed for lack of jurisdiction and inadmissibility.
- Legal Topics
- Preliminary Reference, Jurisdiction of the Court of Justice, Admissibility of Reference, Interpretation of EU Treaties, Compatibility of National Law With EU Law
Case Brief
Summary, issues, holding and outcome
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Parties
Juan Carlos Grau Gomis and Others
Accused
Juzgado de Instrucción de Sueca, Valencia (Spain)
Referring Court
Procedural Posture
Preliminary Ruling / Order on Admissibility and Jurisdiction
Legal Issues
- 1 Whether the Court of Justice has jurisdiction to interpret Article B of the Treaty on European Union in a preliminary ruling
- 2 Whether the reference from the national court is admissible given the lack of factual and legislative context
Ratio Decidendi
The Court has no jurisdiction to interpret Article B of the Treaty on European Union in a preliminary ruling, and the remainder of the reference is inadmissible due to insufficient factual and legislative context provided by the national court.
Court Disposition
Reference dismissed for lack of jurisdiction and inadmissibility.
Orders
- The Court has no jurisdiction to reply to a question on Article B of the Treaty on European Union.
- The remainder of the request from the Juzgado de Instrucción is inadmissible.
Full Case Text
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