WHICH ARE SUMMARIZED ABOVE , NEITHER THE QUESTIONS THEMSELVES NOR THE DOCUMENTS ON THE CASE ENABLE IT TO BE ASCERTAINED WHETHER THE UNDERTAKING REFERRED TO IN THESE QUESTIONS IS A PUBLIC UNDERTAKING , WITHIN THE MEANING OF ARTICLE 90 ( 1 ) OF THE TREATY , OR AN UNDERTAKING ENTRUSTED WITH THE OPERATION OF SERVICES OF GENERAL ECONOMIC INTEREST , WITHIN THE MEANING OF ARTICLE 90 ( 2 ).
21 HOWEVER , THIS DISTINCTION IS ESSENTIAL FOR THE PURPOSE OF ASSESSING THE EXTENT TO WHICH THE RULES OF THE TREATY ON COMPETITION ARE APPLICABLE .
22 OWING TO THIS LACK OF PRECISION , THESE QUESTIONS CANNOT EFFECTIVELY BE ANSWERED .
THE SIXTH QUESTION
23 SINCE THIS QUESTION IS SUBJECT TO QUESTIONS ONE AND TWO BEING ANSWERED IN THE NEGATIVE AND QUESTIONS THREE , FOUR AND FIVE IN THE AFFIRMATIVE , IT HAS BY REASON OF THE FOREGOING CONSIDERATIONS LOST ITS PURPOSE .
THE SEVENTH QUESTION
24 THIS QUESTION ASKS WHAT FORCE THE INTERPRETATION PLACED BY THE COURT OF JUSTICE ON COMMUNITY LAW HAS FOR THE COURT DEALING WITH THE SUBSTANCE OF THE CASE , AND WHETHER THE ' RULING ' OF THE COURT OF JUSTICE IS BINDING ON THAT COURT IN THE SAME WAY AS THAT COURT IS BOUND BY A ' POINT OF LAW ' LAID DOWN BY THE CORTE DI CASSAZIONE .
25 WITHIN THE FRAMEWORK OF PROCEEDINGS UNDER ARTICLE 177 , IT IS NOT FOR THE COURT OF JUSTICE TO INTERPRET NATIONAL LAW AND ASSESS ITS EFFECTS . THEREFORE , WITHIN THAT FRAMEWORK , IT CANNOT MAKE A COMPARISON OF ANY KIND WHATSOEVER BETWEEN THE EFFECTS OF THE DECISIONS OF THE NATIONAL COURTS AND THE EFFECTS OF ITS OWN DECISIONS .
26 UNDER ARTICLE 177 THE COURT OF JUSTICE HAS JURISDICTION TO ' GIVE (. . .) RULINGS ' CONCERNING THE INTERPRETATION ' OF THIS TREATY ' AND THAT ' OF ACTS OF THE INSTITUTIONS OF THE COMMUNITY ' . IT FOLLOWS THAT THE PURPOSE OF A PRELIMINARY RULING IS TO DECIDE A QUESTION OF LAW AND THAT THAT RULING IS BINDING ON THE NATIONAL COURT AS TO THE INTERPRETATION OF THE COMMUNITY PROVISIONS AND ACTS IN QUESTION .
27 THEREFORE THE QUESTION REFERRED SHOULD BE ANSWERED IN THOSE TERMS .
Decision on costs
COSTS
28 THE COSTS INCURRED BY THE GOVERNMENT OF THE ITALIAN REPUBLIC AND BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE .
AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , COSTS ARE A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE PRETURA DI CITTADELLA BY AN ORDER OF 27 APRIL 1976 , HEREBY RULES :
1 . THE PROVISIONS OF REGULATION NO 120/67 OF 13 JUNE 1967 ON THE COMMON ORGANIZATION OF