Court of Justice of the European Communities (including Court of First Instance Decisions)

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URL: http://www.bailii.org/eu/cases/EUECJ/1979/C10579.html
Cite as: [1979] EUECJ C-105/79

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61979O0105
Order of the Court of 27 June 1979.
Reference for a preliminary ruling by the Acting Judge at the Tribunal d'Instanace, Hayange.
Case 105/79.
European Court reports 1979 Page 02257

IN CASE 105/79
REFERENCE FOR A
PRELIMINARY RULING BY THE ACTING JUDGE AT THE TRIBUNAL D ' INSTANCE , HAYANGE

BY DECISION DATED 10 JUNE 1979 THE ACTING JUDGE AT THE TRIBUNAL D ' INSTANCE , HAYANGE , REFERRED THE FOLLOWING QUESTION TO THE COURT IN PURSUANCE OF ARTICLE 177 OF THE TREATY ESTABLISHING THE EEC :
' ' WHAT PROTECTION DOES THE TREATY AFFORD WITH REGARD TO OBSERVANCE OF THE FUNDAMENTAL PRINCIPLE OF THE INDEPENDENCE OF THE JUDICIARY IN THE APPLICATION OF THE LAW?
' '
THIS QUESTION AROSE WITH REGARD TO AN ACTION CONCERNING A TRAFFIC ACCIDENT WHICH OCCURRED IN FRANCE AND INVOLVED FRENCH NATIONALS .

IT APPEARS FROM THE FILE AND FROM THE WORDING OF THE QUESTION SUBMITTED AS WELL AS THE STATEMENT OF THE REASONS ON WHICH IT IS BASED THAT IT IN NO WAY CONCERNS EITHER THE INTERPRETATION OF THE EEC TREATY OR THE VALIDITY OR INTERPRETATION OF AN ACT OF AN INSTITUTION OF THE COMMUNITY .

THE COURT THEREFORE CLEARLY HAS NO JURISDICTION TO REPLY TO THE QUESTION THUS RAISED .

ON HEARING THE VIEWS OF THE ADVOCATE GENERAL ,
THE COURT
COMPOSED OF : H . KUTSCHER , PRESIDENT , J . MERTENS DE WILMARS AND LORD MACKENZIE STUART ( PRESIDENTS OF CHAMBERS ), P . PESCATORE , M . SOERENSEN , A . O ' KEEFFE , G . BOSCO , A . TOUFFAIT AND T . KOOPMANS , JUDGES ,
ADVOCATE GENERAL : F . CAPOTORTI
REGISTRAR : A . VAN HOUTTE

DECIDES AS FOLLOWS :
THE COURT OF JUSTICE HAS NO JURISDICTION TO REPLY TO THE QUESTION REFERRED TO IT BY THE ACTING JUDGE AT THE TRIBUNAL D ' INSTANCE , HAYANGE .

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