Judgment_paragraph 36 · Asociación Nacional de Empresas Estibadoras y Consignatarios de Buques (Anesco) and Others (C-462/19)

36According to settled case-law, in order to determine whether the body making a reference is a ‘court or tribunal’ for the purposes of Article 267 TFEU, which is a question governed by EU law alone, the Court takes account of a number of factors, such as whether the body is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether its procedures are inter partes, whether it applies rules of law and whether it is independent. In addition, a national court may refer a question to the Court of Justice only if there is a case pending before it and if it is called upon to give judgment in proceedings intended to lead to a decision of a judicial nature (judgment of 31 May 2005, Syfait and Others, C‑53/03, EU:C:2005:333, paragraph 29 and the case-law cited).

Asociación Nacional de Empresas Estibadoras y Consignatarios de Buques (Anesco) and Others (C-462/19)

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