Curia - Preliminary Rulings Search for documents before 2018
Dear Court of Justice of the European Union,
having seen that the national court in the EU, it seems systematically block requests for preliminary rulings Art 267 TFEU as last the Finanzgericht in Stuttgart (Judge Caroline Gaa could have acted more than one year ago; her Judge colleagues declared her as not being biased) and don't even allow to appeal at the Bundesfinanzhof in Munich who would have the duty there needs to be more transparency.
Seeing that the curia search form does allow to search e.g. for:
"Other documents : Requests for a preliminary ruling - National decisions"
only delivers documents from 2018 and newer.
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
1. Documents (Preliminary ruling requests to the court from all EU states including UK before Brexit) for all the time this was available in the EU.
If this cannot be done in the search for i request this as OCR searchable pdf files.
Yours faithfully,
Klaus V. Zinser
Dear Sir,
With regard to your request to access all requests for a preliminary
ruling ever made to the Cour of Justice of the European Union, we need to
point out, first, that the Court of Justice does not fall under the
institutions covered by Regulation (EC) No 1049/2001 of the European
Parliament and of the Council of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents, which you use as
the basis on which you are making your request.
We also need to point out that it is the practice of the Court to treat
all procedural documents as confidential and not to allow access to such
documents to persons who are not a party to the case.
Although the Statute of the Court of Justice provides that the Court
hearings are to be public, it restricts those entitled to receive
communication of procedural documents to the parties and to the
institutions whose decisions are in dispute. Similarly, the Rules of
Procedure provide for procedural documents to be served only on the
parties to the proceedings. Therefore, neither the Statute of the Court of
Justice nor the Rules of Procedure provide for any third-party right of
access to documents submitted to the Court in the exercise of its judicial
function.
Procedural documents may only become accessible 30 years after the case
has been closed, provided that the conditions laid down in the rules on
the Historical Archives of the European Union are met, and without
prejudice to an individual assessment of each request. For further
information, please refer to our website:
[1]https://curia.europa.eu/jcms/jcms/P_1848...
However, as you seem to know, requests for a preliminary ruling submitted
to the Court since 1 July 2018 are available on the Court’s website using
the search form:
[2]https://curia.europa.eu/juris/recherche..... On that
website you can also find a list of all cases, closed or pending,
submitted to the Court of Justice
[3]https://curia.europa.eu/jcms/jcms/Jo2_70....
If you consider that it is imperative that you receive any other request
for a preliminary ruling that is not published on the Court’s website, you
are invited to specify the individual case(s) you are interested in and
make a new request in that regard. Your request will be examined and
processed taking into consideration, where needed, in particular the rules
on protection of personal data.
For further information concerning the jurisdiction and the work of the
Court, please visit the Court’s website at: [4]www.curia.europa.eu.
The Registry of the Court of Justice
The institutions, bodies, offices and agencies of the European Union
process personal data in accordance with Regulation (EU) 2018/1725 (OJ
2018 L 295, p. 39). Your data have been processed by the Court Registry
([5][email address]) for the purpose of replying to your
application. A copy of this reply will be kept by the Registry for two
years. For further information, please consult the Court’s website
([6]https://curia.europa.eu/jcms/jcms/a1_109...).