On the concept of a jurisdictional body for the purposes of article 267 TFEU: registrars and the action for the recovery of fees. Judgment of the court of 16 February 2017, case C-503/15, Margarit Panicello
DOI:
https://doi.org/10.18042/cepc/rdce.57.10Keywords:
Article 267 TFEU, registrar, court or tribunal, compulsory jurisdiction, exercise of judicial functions, independence, lack of jurisdiction of the Court.Abstract
In its judgment of February 16th 2017, the Court of Justice declared itself incompetent to rule on the request for a preliminary ruling referred by a Spanish registrar. Taking a more restrictive position than in previous pronouncements, the Court of Justice understood that the registrars do not fulfill the requirement of independence considered in its external aspect. Furthermore, it declared that the procedure regarding an action for the recovery of fees was administrative in nature and it stated that the jurisdiction of the referring body was not mandatory.
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2017-07-25
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CASE LAW COURT OF JUSTICE OF THE EU
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