Judgment_paragraph 144 · VodafoneZiggo Group BV v European Commission (C-689/19 P)

144In that regard, it must be pointed out that where a national court or tribunal considers that one or more arguments for invalidity of an EU act, put forward by the parties or, as the case may be, raised by it of its own motion, are well founded, it is incumbent upon it to stay proceedings and to make a reference to the Court of Justice for a preliminary ruling on the act’s validity, the Court alone having jurisdiction to declare an EU act invalid (judgments of 28 April 2015, T & L Sugars and Sidul Açúcares v Commission, C‑456/13 P, EU:C:2015:284, paragraph 48 and the case-law cited, and of 13 March 2018, Industrias Químicas del Vallés v Commission, C‑244/16 P, EU:C:2018:177, paragraph 105), and that Article 267 TFEU confers on the Court jurisdiction to deliver a preliminary ruling on the validity and interpretation of all acts of the EU institutions without exception (judgments of 13 December 1989, Grimaldi, C‑322/88, EU:C:1989:646, paragraph 8, and of 20 February 2018, Belgium v Commission, C‑16/16 P, EU:C:2018:79, paragraph 44); the latter case-law was, furthermore, recalled by the General Court in paragraph 116 of the order under appeal.

VodafoneZiggo Group BV v European Commission (C-689/19 P)

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