Keywords
Summary

Keywords

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1 . QUESTIONS REFERRED FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . QUESTIONS REFERRED FOR A PRELIMINARY RULING - ADMISSIBILITY - NATURE OF THE NATIONAL PROCEDURE - DISTINCTION - INADMISSIBILITY

( EEC TREATY, ARTICLE 177 )

3 . COMMUNITY LAW - EFFECTS IN NATIONAL LAW - SAME EFFECTIVENESS IN THE VARIOUS SPHERES OF NATIONAL LAW

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - ENTRY INTO FORCE - NATIONAL SYSTEM - PROVISIONAL MAINTENANCE - COMMUNITY JURISDICTION

Summary

1 . ALTHOUGH THE COURT HAS NO JURISDICTION WITHIN THE FRAMEWORK OF THE APPLICATION OF ARTICLE 177 OF THE TREATY TO DECIDE UPON THE COMPATIBILITY OF A NATIONAL PROVISION WITH COMMUNITY LAW, IT MAY NEVERTHELESS EXTRACT FROM THE WORDING OF THE QUESTIONS FORMULATED BY THE NATIONAL COURT, HAVING REGARD TO THE FACTS STATED BY THE LATTER, THE ELEMENTS WHICH COME WITHIN THE INTERPRETATION OF COMMUNITY LAW FOR THE PURPOSE OF ENABLING THAT COURT TO RESOLVE THE LEGAL PROBLEM WHICH IT HAS BEFORE IT .

2 . ARTICLE 177, WHICH IS WORDED IN GENERAL TERMS, DRAWS NO DISTINCTION ACCORDING TO THE NATURE, CRIMINAL OR OTHERWISE, OF THE NATIONAL PROCEEDINGS WITHIN THE FRAMEWORK OF WHICH THE PRELIMINARY QUESTIONS HAVE BEEN FORMULATED .

3 . THE EFFECTIVENESS OF COMMUNITY LAW CANNOT VARY ACCORDING TO THE VARIOUS SPHERES OF NATIONAL LAW WHICH IT MAY AFFECT .

4 . FROM THE ENTRY INTO FORCE OF THE COMMON ORGANIZATION OF THE MARKET IN A PARTICULAR AGRICULTURAL SECTOR, IT IS FOR THE COMMUNITY AUTHORITY ALONE TO DECIDE UPON THE PROVISIONAL MAINTENANCE OF ANY NATIONAL SYSTEM OF ORGANIZATION, INTERVENTION OR SUPERVISION RELATING TO THE PRODUCTS IN QUESTION .