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Interpretation

The Court may be asked to interpret the Treaty and all of the acts – without exception of the European institutions and the European Central Bank. Case C-11/05, Friesland Coberco Dairy Foods, para. 36. The term „acts“ also covers the international agreements concluded by the European Union. Case C-192/89, Sevince, para. 8-10. The national courts and the EU courts operate independently of one another. The Court of Justice does not evaluate the reasons of a national court for deeming that the interpretation of a provision of EU law is necessary for giving judgment in a pending case. It is for the Court of Justice to issue the interpretation of the provision and for the national court to apply it subsequently. Case 5/77, Tedeschi/Denkavit, para. 17-20. Validity The Court of Justice is the only court with jurisdiction to rule on the validity of acts of the EU institutions, i.e. regulations, directives and decisions. In preliminary ruling proceedings concerning the validity, all the grounds for declaring such acts void (Article 263 TFEU – former Article 230 EC) may be put forward, i.e. lack of competence; infringement of an essential procedural requirement; infringement of the treaty or any rule of law relating to its application; and misuse of Sportwetten Bonus powers. In addition, the Court of Justice may review the validity of acts in the light of general principles of EU law which are binding on the Union and which have direct effect. Joined cases 21-4/72, International Fruit Company, para. 5 and 6 Joined cases C-300/98, Parfums Christian Dior SA, para. 42 A national court may reject the grounds of invalidity, but it has no power to declare EU decisions to be void. However, if a national court has serious doubts as to the validity of an act of an EU institution on which a national law or decision is based, the court may, in special cases, suspend the application of such act or may order any other interim relief with regard to such act. The national court should subsequently refer the question of validity to the Wettanbieter Test Court of Justice, setting out why it believes that the Community act must be considered invalid. Case 314/85, Foto-Frost, para. 13-20 Joined cases C-143/88 et C-92/89, Zuckerfabrik, para. 23-32 Case C-465/93, Atlanta, para. 28-32