IN ITS ABOVE-MENTIONED JUDGMENT OF 11 MARCH 1980 THE COURT RULED THAT IT HAD NO JURISDICTION TO GIVE A RULING ON THE QUESTIONS SUBMITTED BY THE NATIONAL COURT . IN ITS JUDGMENT IT STATED THAT :
' ' THE DUTY OF THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE EEC TREATY IS TO SUPPLY ALL COURTS IN THE COMMUNITY WITH THE INFORMATION ON THE INTERPRETATION OF COMMUNITY LAW WHICH IS NECESSARY TO ENABLE THEM TO SETTLE GENUINE DISPUTES WHICH ARE BROUGHT BEFORE THEM . A SITUATION IN WHICH THE COURT WAS OBLIGED BY THE EXPEDIENT OF ARRANGEMENTS LIKE THOSE DESCRIBED ABOVE TO GIVE RULINGS WOULD JEOPARDIZE THE WHOLE SYSTEM OF LEGAL REMEDIES AVAILABLE TO PRIVATE INDIVIDUALS TO ENABLE THEM TO PROTECT THEMSELVES AGAINST TAX PROVISIONS WHICH ARE CONTRARY TO THE TREATY . ' '
8 THE ORDER MAKING THE REFERENCE SHOWS THAT THE JUDGMENT OF THE COURT OF JUSTICE WAS CHALLENGED BY THE DEFENDANT IN THE MAIN ACTION WHO CONSIDERED THAT IN MAKING SUCH AN APPRAISAL THE COURT HAD INTERVENED IN THE DISCRETION RESERVED TO THE ITALIAN COURT . SHE CONSIDERED THAT SUCH AN APPLICATION OF ARTICLE 177 BY THE COURT GAVE RISE AT NATIONAL LEVEL TO A QUESTION OF A CONSTITUTIONAL NATURE . IN THE ALTERNATIVE SHE SUBMITTED A QUESTION CONCERNING THE INTERPRETATION OF ARTICLE 177 OF THE EEC TREATY AND FURTHER REQUESTED THAT THE FRENCH REPUBLIC SHOULD BE JOINED IN THE PROCEEDINGS .
9 WHEN THESE CLAIMS WERE SUBMITTED TO HIM THE PRETORE CONSIDERED THAT IT WAS NECESSARY TO REFER THE MATTER AGAIN TO THE COURT OF JUSTICE AND TO SUBMIT TO IT CERTAIN QUESTIONS ON THE INTERPRETATION OF ARTICLE 177 OF THE TREATY IN ORDER TO OBTAIN A CLEARER AND MORE PRECISE APPRAISAL OF THE SCOPE AND MEANING OF THE JUDGMENT OF 11 MARCH 1980 .
10 SINCE THE PRETORE CONSIDERED THAT A MISUNDERSTANDING MIGHT HAVE ARISEN FROM THE WORDING OF HIS FIRST ORDER HE LAID PARTICULAR EMPHASIS ON A FACTOR WHICH , ACCORDING TO HIM , WAS NOT MADE CLEAR IN THE ORDER . THE DEFENDANT , FROM THE FIRST HEARING AT WHICH SHE APPEARED , IN FACT REFUSED TO RESTRICT HER CASE TO THE MERE REJECTION OF THE PLAINTIFF ' S APPLICATION . THROUGH A PROCEDURE WHICH IS BY NO MEANS UNCOMMON IN THE ITALIAN LEGAL SYSTEM SHE SUBMITTED ' ' A CLAIM , WHICH IS TO A CERTAIN DEGREE INDEPENDENT , FOR A DECLARATORY JUDGMENT IN RELATION TO THE PARTICULAR LEGAL SITUATION IN THAT CASE AND IN GENERAL ' ' .
11 FOR THESE REASONS THE PRETORE , BRA , DECIDED TO REFER THE MATTER AGAIN TO THE COURT AND SUBMITTED THE FOLLOWING QUESTIONS :
' ' 1 . WHAT INTERPRETATION MUST BE PLACED UPON ARTICLE 177 OF THE EEC TREATY WITH REGARD TO THE POWER OF APPRAISAL OF THE COURT OF JUSTICE IN RELATION TO THE WORDING OF REQUESTS FOR INTERPRETATIVE RULINGS SUBMITTED TO IT AND IN PARTICULAR IN RELATION TO THEIR FUNCTION IN THE CONTEXT OF THE MAIN ACTION? MORE PARTICULARLY