Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/19/2012

Subject: The Court affirmed that there is between the Elegktiko Sinedrio and its commissioner attached to the Ministry of Culture and Tourism, who is the author of the ‘negative report’ at issue before it, a clear organisational and functional link, which means that it is impossible to regard the Elegktiko Sinedrio as a third party in relation to that commissioner. Consequently, the Elegktiko Sinedrio is not acting as a third party in relation to the interests at stake. Moreover, the jurisdiction of the Elegktiko Sinedrio, which encompasses this reference for a preliminary ruling, relates to the a priori ‘auditing’ of the expenditure of the State. Therefore such a decision is not part of proceedings intended to lead to a decision of a judicial nature. It follows from the foregoing, taking into account the whole context, that, in the circumstances which gave rise to this reference for a preliminary ruling, the Elegktiko Sinedrio does not constitute a court or tribunal within the meaning of Article 267 TFEU and, consequently, is not entitled to send a reference for a preliminary ruling to the Court.

Parties: Epitropos tou Elegktikou Synedriou sto Ypourgeio Politismou kai Tourismou

Classification: Justice

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