Keywords
Summary

Keywords

PROCEEDINGS - ACTION - NATIONAL IMPLEMENTING MEASURES - COMMUNITY RULES - PRESUMED ILLEGALITY - INADMISSIBILITY - NATIONAL COURT OR TRIBUNAL - JURISDICTION

Summary

WHEN AN ACTION IS BROUGHT AGAINST DECISIONS OF THE NATIONAL AUTHORITIES ADOPTED IN IMPLEMENTATION OF COMMUNITY RULES WHICH THE APPLICANT REGARDS AS UNLAWFUL , THE QUESTION OF THE LEGALITY OF SUCH IMPLEMENTING MEASURES ADOPTED IN PURSUANCE OF COMMUNITY LAW IS A MATTER FOR THE COMPETENT NATIONAL COURTS OR TRIBUNALS TO DECIDE , USING THE PROCEDURES LAID DOWN UNDER NATIONAL LAW AND AFTER APPLICATION , WHERE APPROPRIATE , OF ARTICLE 177 OF THE TREATY , IN PARTICULAR ON QUESTIONS CONCERNING THE VALIDITY OF THE COMMUNITY PROVISIONS APPLIED .

IT IS , THEREFORE , IMPOSSIBLE TO REFER THE MATTER TO THE COURT OF JUSTICE BY THE EXPEDIENT OF AN ACTION BROUGHT UNDER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE EEC TREATY IN ORDER TO OBTAIN A MA- TERIAL REVISION OF SUCH IMPLEMENTING MEASURES .