Preliminary reference · referred by the Cour de cassation (France)
Rapporteur
T. von Danwitz
Advocate General
J. Mazák
Bench
11 judgesV. Skouris, J.N. Cunha Rodrigues, K. Lenaerts, J.-C. Bonichot, R. Silva de Lapuerta, C. Toader, K. Schiemann, E. Juhász, T. von Danwitz, J.-J. Kasel, M. Safjan
47Under that interpretation, the national legislation at issue in the main proceedings would result in the ordinary and administrative national courts being prevented, both before submitting a question on constitutionality and, as the case may be, after the decision of the Conseil constitutionnel on that question, from exercising their right or fulfilling their obligation, provided for in Article 267 TFEU, to refer questions to the Court of Justice for a preliminary ruling. It must be stated that it follows from the principles set out in the case-law cited in paragraphs 41 to 45 above that Article 267 TFEU precludes national legislation such as that described in the orders for reference.