Keywords
Summary

Keywords

1 . QUESTIONS REFERRED FOR A PRELIMINARY RULING - INTERLOCUTORY PROCEEDINGS FOR AN INTERIM ORDER - REFERENCE OF SUCH CASES TO THE COURT - VALIDITY

( EEC TREATY , SECOND PARAGRAPH OF ARTICLE 177 )

2 . QUESTIONS REFERRED FOR A PRELIMINARY RULING - INTERLOCUTORY PROCEEDINGS FOR AN INTERIM ORDER ( ' EINSTWEILIGE VERFUGUNG ' ) - REFERENCE OF SUCH CASES TO THE COURT - PROCEEDINGS ON THE SUBSTANCE OF THE CASE - INSTITUTION THEREOF - POSSIBILITY - DUTY TO REFER CASES TO THE COURT - NONE

( EEC TREATY , THIRD PARAGRAPH OF ARTICLE 177 )

Summary

1 . THE SUMMARY AND URGENT CHARACTER OF A PROCEDURE IN THE NATIONAL COURT DOES NOT PREVENT THE COURT FROM REGARDING ITSELF AS VALIDLY SEISED UNDER THE SECOND PARAGRAPH OF ARTICLE 177 WHENEVER A NATIONAL COURT OR TRIBUNAL CONSIDERS THAT IT IS NECESSARY TO MAKE USE OF THAT PARAGRAPH .

2 . THE THIRD PARAGRAPH OF ARTICLE 177 OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT A NATIONAL COURT OR TRIBUNAL IS NOT REQUIRED TO REFER TO THE COURT A QUESTION OF INTERPRETATION OR VALIDITY MENTIONED IN THAT ARTICLE WHEN THE QUESTION IS RAISED IN INTERLOCUTORY PROCEEDINGS FOR AN INTERIM ORDER ( ' EINSTWEILIGE VERFUGUNG ' ) EVEN WHERE NO JUDICIAL REMEDY IS AVAILABLE AGAINST THE DECISION TO BE TAKEN IN THE CONTEXT OF THOSE PROCEEDINGS , PROVIDED THAT EACH OF THE PARTIES IS ENTITLED TO INSTITUTE PROCEEDINGS OR TO REQUIRE PROCEEDINGS TO BE INSTITUTED ON THE SUBSTANCE OF THE CASE AND THAT DURING SUCH PROCEEDINGS THE QUESTION PROVISIONALLY DECIDED IN THE SUMMARY PROCEEDINGS MAY BE RE-EXAMINED AND MAY BE THE SUBJECT OF A REFERENCE TO THE COURT UNDER ARTICLE 177 .