DOES NOT HOWEVER MEAN THAT NATIONAL COURTS ARE DEPRIVED OF THE POWER GIVEN TO THEM BY ARTICLE 177 OF THE TREATY AND IT RESTS WITH THOSE COURTS TO DECIDE WHETHER THERE IS A NEED TO RAISE ONCE AGAIN A QUESTION WHICH HAS ALREADY BEEN SETTLED BY THE COURT WHERE THE COURT HAS PREVIOUSLY DECLARED AN ACT OF A COMMUNITY INSTITUTION TO BE VOID . THERE MAY BE SUCH A NEED ESPECIALLY IF QUESTIONS ARISE AS TO THE GROUNDS , THE SCOPE AND POSSIBLY THE CONSEQUENCES OF THE NULLITY ESTABLISHED EARLIER .
( B)COUNCIL REGULATION NO 563/76 OF 15 MARCH 1976 IS VOID FOR THE REASONS ALREADY STATED IN THE JUDGMENTS OF 5 JULY 1977 IN CASES 114 , 116 AND JOINED CASES 119 AND 120/76 .
QUESTION 3
19 THE THIRD QUESTION BASICALLY SEEKS TO DETERMINE WHETHER RULES OF COMMUNITY LAW GOVERN LEGAL ACTIONS BROUGHT BY COMMERCIAL OPERATORS BEFORE A NATIONAL COURT IN ORDER TO OBTAIN REPAYMENT OF COMMUNITY CHARGES DUE AND PAID PURSUANT TO A COUNCIL OR COMMISSION REGULATION EVEN THOUGH THAT NATIONAL COURT IS BOUND TO REFRAIN FROM APPLYING THAT REGULATION AS A RESULT OF A JUDGMENT OF THE COURT DECLARING IT TO BE VOID . OWING TO THE PARTICULAR CIRCUMSTANCES OF THE DISPUTE IN THE MAIN ACTION THAT QUESTION ALSO COVERS THE CASE IN WHICH THE SUMS BEING RECLAIMED WERE NOT PAID BY THE PLAINTIFF IN THE MAIN ACTION BUT BY ITS SUPPLIERS TO WHOM THE PLAINTIFF REFUNDED THOSE AMOUNTS .
20 ARTICLE 10 ( 2 ) OF REGULATION NO 563/76 STATES THAT ANY SECURITY FORFEITED SHALL BE USED TO OFFSET THE INTERVENTION EXPENDITURE FOR WHICH NO UNIT AMOUNT IS FIXED UNDER REGULATION NO 804/68 OF THE COUNCIL ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( I ), P . 176 ). IT FOLLOWS THAT THE CORRESPONDING AMOUNTS CONSTITUTE THE COMMUNITIES ' OWN RESOURCES WITHIN THE MEANING OF THE FIRST SUBPARAGRAPH OF ARTICLE 4 ( 1 ) OF THE COUNCIL DECISION OF 21 APRIL 1970 ON THE REPLACEMENT OF FINANCIAL CONTRIBUTIONS FROM MEMBER STATES BY THE COMMUNITIES ' OWN RESOURCES ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1970 ( I ), P . 224 ).
21 BY ARTICLE 6 OF THAT DECISION THE COMMUNITY RESOURCES REFERRED TO IN ARTICLES 2 , 3 AND 4 ARE TO BE COLLECTED BY THE MEMBER STATES IN ACCORDANCE WITH NATIONAL PROVISIONS IMPOSED BY LAW , REGULATION OR ADMINISTRATIVE ACTION . CONSEQUENTLY DISPUTES RELATING TO THE REFUND OF AMOUNTS COLLECTED ON BEHALF OF THE COMMUNITY FALL WITHIN THE JURISDICTION OF NATIONAL COURTS AND SHOULD BE SETTLED BY THOSE COURTS BY APPLYING THEIR OWN NATIONAL LAW , BOTH PROCEDURAL AND SUBSTANTIVE , TO THE EXTENT TO WHICH COMMUNITY LAW HAS NOT PROVIDED OTHERWISE .
22 REGULATION NO 563/76 , AS IT APPLIED BEFORE IT WAS DECLARED TO BE VOID , SHOULD THEREFORE BE EXAMINED IN ORDER TO ASCERTAIN WHETHER IT CONTAINED PROVISIONS AFFECTING THE RECOVERY OF SUMS RECEIVED BY THE