Traduction de «Case-law the Court Justice » (Anglais → Français) :

L. whereas, notwithstanding that case-law, the Court of Justice has consistently held that, where national provisions fall outside the scope of Community law, there is no Community jurisdiction to assess the compatibility of those provisions with the fundamental rights whose observance the Court ensures (see, for instance, the order of 6 October 2005 in Case C-328/04 Vajnai [2005] ECR I-8577, paragraphs 12 and 13),

P. whereas under Article 12 of the Act of 1976 it is the European Parliament – and the European Parliament alone – that verifies the credentials of its Members elected by universal suffrage; whereas this fundamental prerogative of the European Parliament may not be challenged or, still less, invalidated by a decision adopted by national authorities in clear breach of the relevant rules and principles of Community law, even if that decision was finally adopted by the supreme judicial body of the relevant State, as was the case with the ruling of the Italian Council of State that is at issue here; whereas in its case-law the Court ...[+++] of Justice has confirmed the validity of this prerogative, including vis-à-vis final national rulings handed down in breach of Community law, and has found against the State,

P. whereas under Article 12 of the Act of 1976 it is the European Parliament – and the European Parliament alone – that verifies the credentials of its Members elected by universal suffrage; whereas this fundamental prerogative of the European Parliament may not be challenged or, still less, invalidated by a decision adopted by national authorities in clear breach of the relevant rules and principles of Community law, even if that decision was finally adopted by the supreme judicial body of the relevant State, as was the case with the ruling of the Italian Council of State that is at issue here; whereas in its case-law the Court ...[+++] of Justice has confirmed the validity of this prerogative, including vis-à-vis final national rulings handed down in breach of Community law, and has found against the State,

2. Switzerland shall have the right to submit statements of case or written observations to the Court of Justice in cases where a court in a Member State has applied to the Court of Justice for a preliminary ruling concerning the interpretation of the provisions referred to in Article 1.

In the cases governed by Article 267 of the Treaty on the Functioning of the European Union, the decision of the court or tribunal of a Member State which suspends its proceedings and refers a case to the Court of Justice shall be notified to the Court by the court or tribunal concerned.

[75] Case C-394/11 Belov, the first Roma-specific discrimination case referred to the Court of Justice was declared ‘not admissible’ by the Court on 31 January 2013, since the Bulgarian Equality Body (which referred the case to the Court) was not considered to be a court or tribunal within the meaning of the Treaty.