11 Colum. J. Eur. L. 203 (2004)

Thalia Kruger. Assistant, Institute for Private International Law, Katholieke Universiteit Leuven.

This note concerns not a judgment of the European Court of Justice, but an order that it did not have jurisdiction to give a preliminary ruling regarding the Brussels I Regulation. The order is short and does not provide us with any new information on substantive law. However, the order raises the issue of the capacity of courts to pose preliminary questions in matters of private international law. The capacity is not clear, nor has it remained constant throughout the development of European private international law.

The facts of the case are complex. As the European Court of Justice could not provide an answer because of the lack of jurisdiction, the case is still pending before the Tribunal du travail (Employment Tribunal) of Charleroi. I will therefore not discuss the substantive question, but limit myself to a brief explanation of the facts. Thereafter, I will turn to the order of the court and lastly discuss the fate of preliminary questions in the sphere of private international law.