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Summary

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PRELIMINARY RULING - REFERENCE TO THE COURT - JURISDICTION OF NATIONAL COURTS - EXTENT

( EEC TREATY, ARTICLE 177 )

Summary

POWER OF THE NATIONAL JUDGE TO REFER TO THE COURT OF JUSTICE, EITHER OF HIS OWN MOTION OR AT THE REQUEST OF THE PARTIES, QUESTIONS RELATING TO THE INTERPRETATION OR THE VALIDITY OF PROVISIONS OF COMMUNITY LAW IN A PENDING ACTION IS VERY WIDE .

IT CANNOT BE TAKEN AWAY BY A RULE OF NATIONAL LAW WHEREBY A JUDGE IS BOUND ON POINTS OF LAW BY THE RULINGS OF SUPERIOR COURTS .

IT WOULD BE OTHERWISE IF THE QUESTIONS PUT BY THE INFERIOR COURT WERE SUBSTANTIALLY THE SAME AS QUESTIONS ALREADY PUT BY THE SUPERIOR COURT .