Traducción de «Asunto en jurisdicción de tribunal de protección » (Español → Inglés) :

Affairs in jurisdiction of court of protection

decision of the court or tribunal of a Member State which suspends its proceedings and refers a case to the Court

the court addressed | the court applied to | the court hearing the action | the court in which the claim is pending | the court seised

In view of the fact that, in the present case, first, the matter allegedly giving rise to liability came about in the exercise of judicial functions by a formation of a judicial body and, secondly, the formation that will have to take cognisance of the case (i) belongs to the same judicial body (the General Court) as the formation of the judicial body being held responsible for the matter giving rise to liability and (ii) is an integral part of the defendant party in this case (the CJEU), with which the judges of that formation are professionally affiliated, the abovementioned requirements are compromised, a fortiori where, as the Genera ...[+++]l Court has held, damages such as those here being claimed must come from that part of the budget which relates to the CJEU.

It is, however, desirable that a decision to make a reference for a preliminary ruling should be taken when the national proceedings have reached a stage at which the referring court or tribunal is able to define the legal and factual context of the case, so that the Court of Justice has available to it all the information necessary to check, where appropriate, that European Union law applies to the main proceedings.

Thus, notwithstanding a case pending before the centralised court, a national court may give a ruling on a case before it as soon as a decision in the case before the centralised court is no longer indispensable to it.

It is worth noting that in this case, the ECJ considered that a national rule does not fall within the scope of the Directive if its only aim, as argued by the referring court, is the protection of competition.[22]