Herbaria Kräuterparadies GmbH v Freistaat Bayern (C-240/23)

Judgment of 4 Oct 2024

law://eu/cjeu/2023/c-240-23/para_46@2026-11-14

46According to the settled case-law of the Court, in the procedure laid down in Article 267 TFEU, which provides for cooperation between national courts and the Court of Justice, it is for the latter to provide the referring court with an answer which will be of use to it and enable it to decide the case before it. With that in mind, the Court may have to reformulate the questions referred to it. The fact that a national court has, formally speaking, worded a question referred for a preliminary ruling with reference to certain provisions of EU law does not prevent the Court from providing the national court with all the points of interpretation which may be of assistance in adjudicating on the case pending before it, whether or not that court has referred to them in its questions. In that regard, it is for the Court to extract from all the information provided by the national court, in particular from the grounds of the decision referring the questions, the points of EU law which require interpretation, having regard to the subject matter of the dispute (judgment of 21 September 2023, Juan, C‑164/22, EU:C:2023:684, paragraph 24 and the case-law cited).

Herbaria Kräuterparadies GmbH v Freistaat Bayern (C-240/23)

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