WHERE NECESSARY , BE AMENDED FOR THAT PURPOSE . ' '
20 THAT EXPRESS REFERENCE TO NATIONAL LAWS IS , HOWEVER , SUBJECT TO THE SAME LIMITS AS THOSE AFFECTING THE IMPLIED REFERENCE , THE NEED FOR WHICH HAS BEEN ACKNOWLEDGED IN THE ABSENCE OF COMMUNITY PROVISIONS , INASMUCH AS THE APPLICATION OF NATIONAL LEGISLATION MUST BE EFFECTED IN A NON-DISCRIMINATORY MANNER HAVING REGARD TO THE PROCEDURAL RULES RELATING TO DISPUTES OF THE SAME TYPE , BUT PURELY NATIONAL , AND IN SO FAR AS PROCEDURAL RULES CANNOT HAVE THE RESULT OF MAKING IMPOSSIBLE IN PRACTICE THE EXERCISE OF RIGHTS CONFERRED BY COMMUNITY LAW .
21 A SPECIAL SYSTEM OF NATIONAL RULES RELATING TO THE COLLECTION OF COMMUNITY CHARGES AND DUES WHICH RESTRICTS THE POWERS GRANTED TO THE NATIONAL AUTHORITY TO ENSURE THE COLLECTION OF THOSE CHARGES AS COMPARED WITH THE POWERS GRANTED TO THE SAME AUTHORITY IN REGARD TO NATIONAL CHARGES OR DUES OF THE SAME KIND IS THEREFORE NOT IN ACCORDANCE WITH COMMUNITY LAW .
Decision on costs
22 THE COSTS INCURRED BY THE ITALIAN 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 ACTIONS ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTIONS 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 REFERRED TO IT BY THE CORTE SUPREMA DI CASSAZIONE , ROME , BY ORDER OF 11 JANUARY 1979 , RECEIVED AT THE COURT REGISTRY ON 20 APRIL 1979 AND 9 AUGUST 1979 , HEREBY RULES :
1 . THE INTERPRETATION WHICH , IN THE EXERCISE OF THE JURISDICTION CONFERRED ON IT BY ARTICLE 177 OF THE EEC TREATY , THE COURT OF JUSTICE GIVES TO A RULE OF COMMUNITY LAW , CLARIFIES AND DEFINES WHERE NECESSARY THE MEANING AND SCOPE OF THAT RULE AS IT MUST BE OR OUGHT TO HAVE BEEN UNDERSTOOD AND APPLIED FROM THE TIME OF ITS COMING INTO FORCE . IT FOLLOWS THAT THE RULE AS THUS INTERPRETED MAY , AND MUST , BE APPLIED BY THE COURTS EVEN TO LEGAL RELATIONSHIPS ARISING AND ESTABLISHED BEFORE THE JUDGMENT RULING ON THE REQUEST FOR INTERPRETATION , PROVIDED THAT IN OTHER RESPECTS THE CONDITIONS ENABLING AN ACTION RELATING TO THE APPLICATION OF THAT RULE TO BE BROUGHT BEFORE THE COURTS HAVING JURISDICTION ARE SATISFIED . IT IS ONLY EXCEPTIONALLY THAT THE COURT MAY BE MOVED , IN THE SAME JUDGMENT AS THAT RULING ON THE REQUEST FOR INTERPRETATION , TO RESTRICT FOR ANY PERSON CONCERNED THE OPPORTUNITY OF RELYING UPON THE PROVISION AS THUS INTERPRETED WITH A VIEW TO CALLING IN QUESTION LEGAL RELATIONSHIPS ARISING AND ESTABLISHED PRIOR THERETO .
2 . A SPECIAL SYSTEM OF NATIONAL RULES RELATING TO THE COLLECTION OF COMMUNITY CHARGES AND DUES WHICH RESTRICTS THE POWERS GIVEN TO