Keywords
Summary

Keywords

PRELIMINARY RULINGS - REFERENCE TO THE COURT - NATIONAL COURT WITHIN THE MEANING OF ART . 177 OF THE TREATY - CONCEPT

( EEC TREATY , ART . 177 )

Summary

A REFERENCE CANNOT BE MADE TO THE COURT IN PURSUANCE OF ARTICLE 177 OF THE EEC TREATY EXCEPT BY A COURT OR TRIBUNAL WHICH IS CALLED UPON TO GIVE JUDGMENT IN PROCEEDINGS INTENDED TO LEAD TO A DECISION OF A JUDICIAL NATURE . THAT IS NOT THE CASE WHERE A CONSEIL DE L ' ORDRE DES AVOCATS ( BAR COUNCIL ) HAS BEFORE IT , NOT A CASE WHICH IT IS UNDER A LEGAL DUTY TO TRY , BUT A REQUEST FOR A DECLARATION RELATING TO A DISPUTE BETWEEN A MEMBER OF THE BAR AND THE COURTS OR TRIBUNALS OF ANOTHER MEMBER STATE .