Keywords
Summary

Keywords

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1 . PRELIMINARY RULING - NATIONAL COURTS OR TRIBUNALS OF LAST INSTANCE - DUTY TO BRING MATTER BEFORE THE COURT - EXTINCTION IN CASE OF A QUESTION OF INTERPRETATION ALREADY DECIDED BY THE COURT

( EEC TREATY, ARTICLE 177 )

2 . PRELIMINARY RULING - JURISDICTION OF THE COURT AND OF NATIONAL COURTS

( EEC TREATY, ARTICLE 177 ) 3 . PROCEDURE - PRELIMINARY RULING - QUESTION OF INTERPRETATION ALREADY DECIDED BY THE COURT - FRESH REFERENCE - ADMISSIBILITY

( EEC TREATY, ARTICLE 177; STATUTE OF THE COURT OF JUSTICE OF THE EEC, ARTICLE 20 )

Summary

1 . THE OBLIGATION IMPOSED BY THE THIRD PARAGRAPH OF ARTICLE 177 OF THE EEC TREATY UPON NATIONAL COURTS OR TRIBUNALS OF LAST INSTANCE MAY BE DEPRIVED OF ITS PURPOSE BY REASON OF THE AUTHORITY OF AN INTERPRETATION ALREADY GIVEN BY THE COURT UNDER ARTICLE 177 IN THOSE CASES IN WHICH THE QUESTION RAISED IS MATERIALLY IDENTICAL WITH A QUESTION WHICH HAS ALREADY BEEN THE SUBJECT OF A PRELIMINARY RULING IN A SIMILAR CASE . 2 . WHEN GIVING A RULING WITHIN THE FRAMEWORK OF ARTICLE 177, THE COURT LIMITS ITSELF TO DEDUCING THE MEANING OF COMMUNITY RULES FROM THE WORDING AND THE SPIRIT OF THE TREATY, IT BEING LEFT TO THE NATIONAL COURT TO APPLY IN THE PARTICULAR CASE THE RULES WHICH ARE THUS INTERPRETED .

3 . ARTICLE 177 ALWAYS ALLOWS A NATIONAL COURT OR TRIBUNAL, IF IT CONSIDERS IT APPROPRIATE, TO REFER QUESTIONS OF INTERPRETATION TO THE COURT AGAIN EVEN IF THEY HAVE ALREADY FORMED THE SUBJECT OF A PRELIMINARY RULING IN A SIMILAR CASE .