Keywords
Summary

Keywords

1 . REFERENCES FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - DEFINITION OF THE LEGAL CONTEXT OF THE QUESTIONS

( EEC TREATY , ART . 177 )

2 . ACTS OF THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY MEMBER STATE - TIME-LIMIT - NOT EXPIRED - NATIONAL RULES TO THE CONTRARY - ADMISSIBILITY - APPLICABILITY OF THE BRITISH WEIGHTS AND MEASURES ACT 1963 TO PRE-PACKAGED MILK FROM ANOTHER MEMBER STATE

( COUNCIL DIRECTIVE NO 75/106 , ART . 7 ( 2 ))

Summary

1 . WHILST ARTICLE 177 OF THE TREATY DOES NOT PERMIT THE COURT TO EVALUATE THE GROUNDS FOR MAKING THE REFERENCE , THE NEED TO AFFORD A HELPFUL INTERPRETATION OF COMMUNITY LAW MAKES IT ESSENTIAL TO DEFINE THE LEGAL CONTEXT IN WHICH THE INTERPRETATION REQUESTED SHOULD BE PLACED .

2 . SINCE THE DATE FOR THE IMPLEMENTATION OF THE PROVISIONS OF COUNCIL DIRECTIVE NO 75/106 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE MAKING-UP BY VOLUME OF CERTAIN PRE-PACKAGED LIQUIDS WAS , BY ARTICLE 7 ( 2 ) THEREOF , DEFERRED IN THE CASE OF THE UNITED KINGDOM UNTIL 31 DECEMBER 1979 AT THE LATEST , THE MAINTENANCE IN FORCE BY THAT MEMBER STATE OF THE PROVISIONS OF THE WEIGHTS AND MEASURES ACT 1963 COULD NOT BE PROHIBITED BY THE RULES OF COMMUNITY LAW UNTIL THAT PERIOD HAD EXPIRED AND COULD THEREFORE BE APPLIED UNTIL 31 DECEMBER 1979 TO THE MARKETING IN THE UNITED KINGDOM OF PRE-PACKAGED MILK FROM ANOTHER MEMBER STATE , MADE UP IN CONTAINERS OF A CAPACITY OF ONE LITRE .