Case C-27/11

Anton Vinkov

v

Nachalnik Administrativno-nakazatelna deynost

(Reference for a preliminary ruling from the Administrativen sad Sofia-grad)

(Reference for a preliminary ruling — Non-recognition in national law of the right to a judicial remedy in respect of decisions imposing a financial penalty and the deduction of points for certain breaches of road traffic regulations — Purely internal situation — Inadmissibility of the reference)

Summary of the Judgment

Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Request for interpretation of the Charter of Fundamental Rights of the European Union

(Art. 6(1) TEU; Art. 267 TFEU; Charter of Fundamental Rights of the European Union, Art. 51(1))

The requirements flowing from the protection of fundamental rights are binding on Member States whenever they implement European Union law. Moreover, Article 51(1) of the Charter of Fundamental Rights states that the provisions of the Charter are addressed to the Member States only when they are implementing European Union law and, under Article 6(1) TEU, which confers on the Charter the same legal value as the Treaties, the Charter does not create any new competence for the European Union.

Consequently, in a reference for a preliminary ruling under Article 267 TFEU, where national legislation falls within the scope of European Union law, the Court, to which the reference for a preliminary ruling is made, must provide all the criteria of interpretation needed in order for the national court to determine whether that legislation is compatible with the fundamental rights which derive in particular from the Charter. In the present case, where it is not apparent from the order for reference that the national legislation constitutes a measure implementing European Union law or that it is connected in any other way with European Union law, the jurisdiction of the Court to rule on the reference for a preliminary ruling in so far as it relates to the fundamental right to an effective remedy is not established.

(see paras 56-59)