KUBERA, trgovanje s hrano in pijačo, d.o.o. v Republika Slovenija (C-144/23)

Judgment of 15 Oct 2024

law://eu/cjeu/2023/c-144-23/para_62@2026-11-15

62In that regard, it must be noted that it follows from the system established by Article 267 TFEU, read in the light of the second paragraph of Article 47 of the Charter, that, if a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law takes the view, because the case before it involves one of the three situations mentioned in paragraph 36 above, that it is relieved of its obligation to make a reference to the Court under the third paragraph of Article 267 TFEU, the statement of reasons for its decision must show either that the question of EU law raised is irrelevant for the resolution of the dispute, or that the interpretation of the EU law provision concerned is based on the Court’s case-law or, in the absence of such case-law, that the interpretation of EU law was so obvious to the national court or tribunal of last instance as to leave no scope for any reasonable doubt (judgment of 6 October 2021, Consorzio Italian Management and Catania Multiservizi, C‑561/19, EU:C:2021:799, paragraph 51).

KUBERA, trgovanje s hrano in pijačo, d.o.o. v Republika Slovenija (C-144/23)

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