Criminal proceedings against Regina Greis Unterweger. [1986] EUECJ R-318/85 (5 March 1986)

Criminal proceedings against Regina Greis Unterweger. [1986] EUECJ R-318/85 (5 March 1986)

The consultative commission is not a court or tribunal within the meaning of Article 177 EEC Treaty because it only submits non-binding opinions within an administrative procedure and does not resolve disputes or issue judicial decisions.

Source-derived case information.

Citation
[1986] EUECJ R-318/85
Parties
Defendant: Regina Greis Unterweger; Referring Authority: Commissione consultiva per le infrazioni valutarie
Jurisdiction
European Union
Judgment Date
05 March 1986
Procedural Posture
Preliminary Ruling / Jurisdictional Determination
Outcome
Court lacks jurisdiction
Legal Topics
Preliminary Ruling, Jurisdiction, Definition of Court or Tribunal, Exchange Control
European Union Law Administrative Law Preliminary Ruling Jurisdiction Definition of Court or Tribunal Exchange Control

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina Greis Unterweger

Defendant

Commissione consultiva per le infrazioni valutarie

Referring Authority

Procedural Posture

Preliminary Ruling / Jurisdictional Determination

Legal Issues

  1. 1 Whether the Commissione consultiva per le infrazioni valutarie qualifies as a 'court or tribunal' under Article 177 EEC Treaty for the purpose of making a preliminary reference.

Ratio Decidendi

The consultative commission is not a court or tribunal within the meaning of Article 177 EEC Treaty because it only submits non-binding opinions within an administrative procedure and does not resolve disputes or issue judicial decisions.

Court Disposition

Court lacks jurisdiction

Orders

  • The Court has no jurisdiction to take cognizance of the request for a preliminary ruling submitted by the Commissione consultiva per le infrazioni valutarie.