Keywords

Summary



Keywords

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1 . PRELIMINARY RULING - REFERENCE TO THE COURT - COURT OR TRIBUNAL WITHIN THE MEANING OF ARTICLE 177 OF THE TREATY - JUDGE COMBINING THE FUNCTIONS OF PUBLIC PROSECUTOR AND EXAMINING MAGISTRATE

( EEC TREATY, ART . 177 )

2 . PRELIMINARY RULING - REFERENCE TO THE COURT - STAGE OF THE PROCEEDINGS AT WHICH A REFERENCE IS CALLED FOR - APPRECIATION BY THE NATIONAL COURT

( EEC TREATY, ART . 177 )

3 . PRELIMINARY RULING - REFERENCE TO THE COURT - POSSIBILITY FOR THE COURT TO WHICH A PRELIMINARY RULING IS ADDRESSED TO MAKE A FURTHER REFERENCE TO THE COURT OF JUSTICE - CRITERIA FOR JUSTIFYING SUCH A REFERENCE

( EEC TREATY, ART . 177 )

4 . MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - FAILURE BY A MEMBER STATE TO IMPLEMENT A DIRECTIVE - OBLIGATIONS ON INDIVIDUALS - NONE - FAILURE TO COMPLY WITH A DIRECTIVE - CONSEQUENCES IN CRIMINAL LAW - NONE

( EEC TREATY, ART . 189; COUNCIL DIRECTIVE 78/659 )

Summary

1 . THE COURT HAS JURISDICTION TO REPLY TO A REQUEST FOR A PRELIMINARY RULING MADE BY A JUDGE IN A MEMBER STATE WHO COMBINES THE FUNCTIONS OF A PUBLIC PROSECUTOR AND AN EXAMINING MAGISTRATE IF THAT REQUEST EMANATES FROM A COURT OR TRIBUNAL WHICH HAS ACTED IN THE GENERAL FRAMEWORK OF ITS TASK OF JUDGING, INDEPENDENTLY AND IN ACCORDANCE WITH THE LAW, CASES COMING WITHIN THE JURISDICTION CONFERRED ON IT BY LAW, EVEN THOUGH CERTAIN FUNCTIONS OF THAT COURT OR TRIBUNAL IN THE PROCEEDINGS WHICH GAVE RISE TO THE REFERENCE FOR A PRELIMINARY RULING ARE NOT, STRICTLY SPEAKING, OF A JUDICIAL NATURE .

2 . IF THE INTERPRETATION OF COMMUNITY LAW IS TO BE OF USE TO THE NATIONAL COURT, IT IS ESSENTIAL TO DEFINE THE LEGAL CONTEXT IN WHICH THE INTERPRETATION REQUESTED SHOULD BE PLACED . IN THAT PERSPECTIVE, IT MIGHT BE CONVENIENT IN CERTAIN CIRCUMSTANCES FOR THE FACTS OF THE CASE TO BE ESTABLISHED AND FOR QUESTIONS OF PURELY NATIONAL LAW TO BE SETTLED AT THE TIME WHEN THE REFERENCE IS MADE TO THE COURT OF JUSTICE SO AS TO ENABLE THE LATTER TO TAKE COGNIZANCE OF ALL THE MATTERS OF FACT AND LAW WHICH MAY BE RELEVANT TO THE INTERPRETATION OF COMMUNITY LAW WHICH IT IS CALLED UPON TO GIVE .

HOWEVER, THOSE CONSIDERATIONS DO NOT IN ANY WAY RESTRICT THE DISCRETION OF THE NATIONAL COURT, WHICH ALONE HAS A DIRECT KNOWLEDGE OF THE FACTS OF THE CASE AND OF THE ARGUMENTS OF THE PARTIES, WHICH WILL HAVE TO TAKE RESPONSIBILITY FOR GIVING JUDGMENT IN THE CASE AND WHICH IS THEREFORE IN THE BEST POSITION TO APPRECIATE AT WHAT STAGE OF THE PROCEEDINGS IT NEEDS A PRELIMINARY RULING FROM THE COURT OF JUSTICE .

3 . THE FACT THAT JUDGMENTS DELIVERED ON THE BASIS OF REFERENCES FOR A PRELIMINARY RULING ARE BINDING ON THE NATIONAL COURTS DOES NOT PRECLUDE THE NATIONAL COURT TO WHICH SUCH A JUDGMENT IS ADDRESSED FROM MAKING A FURTHER REFERENCE TO THE COURT OF JUSTICE IF IT CONSIDERS IT NECESSARY IN ORDER TO GIVE JUDGMENT IN THE MAIN PROCEEDINGS . SUCH A REFERENCE MAY BE JUSTIFIED WHEN THE NATIONAL COURT ENCOUNTERS DIFFICULTIES IN UNDERSTANDING OR APPLYING THE JUDGMENT, WHEN IT REFERS A FRESH QUESTION OF LAW TO THE COURT, OR AGAIN WHEN IT SUBMITS NEW CONSIDERATIONS WHICH MIGHT LEAD THE COURT TO GIVE A DIFFERENT ANSWER TO A QUESTION SUBMITTED EARLIER .

4 . A DIRECTIVE WHICH HAS NOT BEEN TRANSPOSED INTO THE INTERNAL LEGAL ORDER OF A MEMBER STATE MAY NOT GIVE RISE TO OBLIGATIONS ON INDIVIDUALS EITHER IN REGARD TO OTHER INDIVIDUALS OR, A FORTIORI, IN REGARD TO THE STATE ITSELF .

CONSEQUENTLY, COUNCIL DIRECTIVE 78/659 OF 18 JULY 1978 ON THE QUALITY OF FRESH WATERS NEEDING PROTECTION OR IMPROVEMENT IN ORDER TO SUPPORT FISH LIFE CANNOT, OF ITSELF AND INDEPENDENTLY OF A NATIONAL LAW ADOPTED BY A MEMBER STATE FOR ITS IMPLEMENTATION, HAVE THE EFFECT OF DETERMINING OR AGGRAVATING THE LIABILITY IN CRIMINAL LAW OF PERSONS WHO ACT IN CONTRAVENTION OF THE PROVISIONS OF THAT DIRECTIVE .