Order of the Court (Fifth Chamber) of 23 May 2011 – Rossius and Collard v État belge
(Joined Cases C-267/10 and C-268/10)
Article 6(1) TEU – Article 35 of the Charter of Fundamental Rights of the European Union – Possession and sale of manufactured smoking tobacco – National legislation authorising the levying of excise – Clear lack of jurisdiction of the Court
1. Questions referred for a preliminary ruling – Jurisdiction of the Court – Limits – Request for interpretation of the Charter of Fundamental Rights of the Union – National decision not constituting a measure implementing Union law or demonstrating that it is connected in any other way to the latter – Lack of jurisdiction of the Court (Art. 6(1) TEU; Art. 267 TFEU; Charter of Fundamental Rights of the European Union, Art. 51(1)) (see paras 15-16, 19)
2. Questions referred for a preliminary ruling – Jurisdiction of the Court – Limits – Examination of the compatibility of national law with Union law – Not included (Art. 267 TFEU) (see paras 24-31)
Re:
References for a preliminary ruling – Tribunal de première instance de Namur – Interpretation of the first paragraph of Article 6(1) TEU and of Article 35 of the Charter of Fundamental Rights of the European Union – Whether national legislation permitting the production, import, promotion and sale of manufactured smoking tobacco, recognised to be seriously harmful, is compatible with the object of protecting human health – Whether the provisions of national law authorising the levying of excise duty on tobacco products are valid in the light of the [EU] rules cited.
Operative part
The Court of Justice of the European Union is manifestly incompetent to reply to the questions referred by the Tribunal de première instance de Namur (Belgium) by decisions of 24 March 2010.
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