ARE BROUGHT BEFORE THEM . IT ACCORDINGLY DECLARED THAT IT HAD NO JURISDICTION TO GIVE A RULING ON THE QUESTIONS RAISED .
33 IN HIS SECOND ORDER MAKING A REFERENCE TO THE COURT THE PRETORE HAS SPECIALLY EMPHASIZED THAT THE DEFENDANT HAD REQUESTED HIM TO DELIVER A DECLARATORY JUDGMENT . IN THIS CONNECTION IS MUST BE POINTED OUT THAT THE CONDITIONS IN WHICH THE COURT OF JUSTICE PERFORMS ITS DUTIES IN THIS FIELD ARE INDEPENDENT OF THE NATURE AND OBJECTIVE OF PROCEEDINGS BROUGHT BEFORE THE NATIONAL COURTS . ARTICLE 177 REFERS TO THE ' ' JUDGMENT ' ' TO BE GIVEN BY THE NATIONAL COURT WITHOUT LAYING DOWN SPECIAL RULES IN TERMS OF THE NATURE OF SUCH JUDGMENTS .
34 THE CIRCUMSTANCE REFERRED TO BY THE NATIONAL COURT IN ITS SECOND ORDER FOR REFERENCE DOES NOT APPEAR TO CONSTITUTE A NEW FACT WHICH WOULD JUSTIFY THE COURT OF JUSTICE IN MAKING A FRESH APPRAISAL OF ITS JURISDICTION . IT IS THEREFORE FOR THE PRETORE , WITHIN THE FRAMEWORK OF THE COLLABORATION BETWEEN A NATIONAL COURT AND THE COURT OF JUSTICE TO ASCERTAIN IN THE LIGHT OF THE FOREGOING CONSIDERATIONS WHETHER THERE IS ANY NEED TO OBTAIN AN ANSWER FROM THE COURT OF JUSTICE TO THE FIFTH QUESTION AND , IF SO , TO INDICATE TO THE COURT ANY NEW FACTOR WHICH MIGHT JUSTIFY IT IN TAKING A DIFFERENT VIEW OF ITS JURISDICTION .
THE SECOND QUESTION
35 HAVING REGARD TO THE FOREGOING IT IS UNNECESSARY TO REPLY TO THE SECOND QUESTION .
Decision on costs
36 THE COSTS INCURRED BY THE FRENCH GOVERNMENT , THE DANISH GOVERNMENT AND 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 THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT
IN ANSWER TO THE QUESTIONS SUBMITTED TO IT BY THE PRETORE , BRA , BY ORDER OF 18 OCTOBER 1980 , HEREBY RULES :
1 . ACCORDING TO THE INTENDED ROLE OF ARTICLE 177 , AN ASSESSMENT OF THE NEED TO OBTAIN AN ANSWER TO THE QUESTIONS OF INTERPRETATION RAISED , REGARD BEING HAD TO THE CIRCUMSTANCES OF FACT AND OF LAW INVOLVED IN THE MAIN ACTION , IS A MATTER FOR THE NATIONAL COURT ; IT IS NEVERTHELESS FOR THE COURT OF JUSTICE , IN ORDER TO CONFIRM ITS OWN JURISDICTION , TO EXAMINE , WHERE NECESSARY , THE CONDITIONS IN WHICH THE CASE HAS BEEN REFERRED TO IT BY THE NATIONAL COURT .
2 . IN THE ABSENCE OF PROVISIONS OF COMMUNITY LAW , THE POSSIBILITY OF TAKING PROCEEDINGS BEFORE A NATIONAL COURT AGAINST A MEMBER STATE OTHER THAN THAT IN WHICH THAT COURT IS SITUATED DEPENDS BOTH ON THE PROCEDURAL LAW OF THE LATTER AND ON THE PRINCIPLES OF