XXX v Commissaire général aux réfugiés et aux apatrides (C-374/22)

Judgment of 23 Nov 2023

law://eu/cjeu/2022/c-374-22/para_15@2026-11-15

15As the Court has consistently held, the procedure provided for in Article 267 TFEU is an instrument of cooperation between the Court of Justice and the national courts, by means of which the Court provides the national courts with the points of interpretation of EU law which they need in order to decide the disputes before them. The justification for a reference for a preliminary ruling is not that it enables advisory opinions on general or hypothetical questions to be delivered but rather that it is necessary for the effective resolution of a dispute. As is apparent from the actual wording of Article 267 TFEU, the question referred for a preliminary ruling must be ‘necessary’ to enable the referring court to ‘give judgment’ in the case before it (judgment of 26 March 2020, Miasto Łowicz and Prokurator Generalny, C‑558/18 and C‑563/18, EU:C:2020:234, paragraphs 43 to 45 and the case-law cited).

XXX v Commissaire général aux réfugiés et aux apatrides (C-374/22)

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