Meilicke v ADV/ORGA AG

The Court of Justice will not answer hypothetical questions that have no relation to the actual facts or purpose of the main proceedings.

Citation
Case C-83/91, [1992] ECR I-4871
Court
Court of Justice of the European Union
Year
1992
Subject
EU Law
Topic
Preliminary references

Facts

Mr Meilicke, a shareholder in a German company, challenged the validity of a German rule on contributions in kind to the capital of companies, arguing that it was contrary to an EU company law directive. He was an academic lawyer with a theory that the German rule was incompatible with the directive. The German court referred a long list of questions to the Court of Justice, without setting out the facts that would show that the questions were relevant to the case.

Legal principle

The Court of Justice refused to answer the questions. It said that the spirit of cooperation in which the preliminary reference procedure must be conducted requires the national court to have regard to the function entrusted to the Court of Justice, which is to assist in the administration of justice in the Member States and not to deliver advisory opinions on general or hypothetical questions. The facts had not been established, and it was not clear that the questions were relevant to the decision of the case.

Related cases on preliminary references

Studying EU Law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.

Back to all law cases

This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

Contact Us

Enquire about our bespoke academic solutions