26.3.2006
News

European Court of Justice declares itself not competent when the reference for a preliminary ruling

Judgement by the European Court of Justice in Case C-302/04 – Ynos kft v Janos Varga, dated 10 January 2006

A Hungarian court asked the European Court of Justice (hereinafter the “ECJ”) to interpret the provisions of an EU Directive in the context of a dispute on a transaction that took place in 2002 (i.e. before accession on 1st May 2004). The Hungarian court also asked for confirmation that the ECJ was competent given the relevant date.

The ECJ decided that it was not competent to interpret EU law in the context of a dispute regarding facts that took place before the date of accession to the EU.

First of all, this decision only relates to the possibility for a Czech/Polish/Slovak court (or another national court) to refer to the ECJ for the purpose of interpreting EU law. The decision therefore means à contrario that if the relevant events took place on or after 1st May 2004, or if the case concerns a situation which continues after that date, Czech/Polish/Slovak courts can ask the ECJ for its interpretation on the relevant EU rules.

Secondly, however, it is important to stress that the above decision does not restrict the use of EU rules and case law in proceedings before a Czech/Polish/Slovak courts (regardless of the date of the facts of the dispute). Such reference may for instance be relevant for clarifying existing ECJ case law or other parts of EU law. In other words, the fact that the ECJ may not have jurisdiction does not prevent from making arguments on the basis of EU law.

Other articles

17.6.2026
News

KŠB Sponsors 19th Annual Student Research and Professional Activities Competition at Charles University’s Faculty of Law

Kocián Šolc Balaštík was once again a partner of the Student Scientific and Professional Activities (SVOČ) competition at Charles University’s Faculty of Law. The awards ceremony for the 19th annual competition took place on June 11, 2026, with students, academics, and competition partners in attendance.

Kocián Šolc Balaštík was once again a partner of the Student Scientific and Professional Activities (SVOČ) competition at Charles University’s Faculty of Law. The awards ceremony for the 19th annual competition took place on June 11, 2026, with students, academics, and competition partners in attendance.

16.6.2026
News

KŠB Attorneys for legalweb: Let’s Keep the Current Flexible Approach to Judicial Recesses

KŠB attorneys Hana Dejlová and Radka Felgrová participated in a legalweb survey discussing whether Czechia should officially introduce judicial recesses and proposed changes to the country’s court system.

KŠB attorneys Hana Dejlová and Radka Felgrová participated in a legalweb survey discussing whether Czechia should officially introduce judicial recesses and proposed changes to the country’s court system.

12.6.2026
News

Four KŠB Lawyers Named to the TOP 100 Women in the Czech Legal Business

We are pleased to announce that four KŠB lawyers have been named to this year’s TOP 100 Women in the Czech Legal Business, which is compiled annually by the LEXELITE project and published by Euro magazine.

We are pleased to announce that four KŠB lawyers have been named to this year’s TOP 100 Women in the Czech Legal Business, which is compiled annually by the LEXELITE project and published by Euro magazine.