INTERPRETATION IS RAISED WITHIN THE MEANING OF ARTICLE 177 .
8 IN THIS CONNECTION , IT IS NECESSARY TO DEFINE THE MEANING FOR THE PURPOSES OF COMMUNITY LAW OF THE EXPRESSION ' ' WHERE ANY SUCH QUESTION IS RAISED ' ' IN ORDER TO DETERMINE THE CIRCUMSTANCES IN WHICH A NATIONAL COURT OR TRIBUNAL AGAINST WHOSE DECISIONS THERE IS NO JUDICIAL REMEDY UNDER NATIONAL LAW IS OBLIGED TO BRING A MATTER BEFORE THE COURT OF JUSTICE .
9 IN THIS REGARD , IT MUST IN THE FIRST PLACE BE POINTED OUT THAT ARTICLE 177 DOES NOT CONSTITUTE A MEANS OF REDRESS AVAILABLE TO THE PARTIES TO A CASE PENDING BEFORE A NATIONAL COURT OR TRIBUNAL . THEREFORE THE MERE FACT THAT A PARTY CONTENDS THAT THE DISPUTE GIVES RISE TO A QUESTION CONCERNING THE INTERPRETATION OF COMMUNITY LAW DOES NOT MEAN THAT THE COURT OR TRIBUNAL CONCERNED IS COMPELLED TO CONSIDER THAT A QUESTION HAS BEEN RAISED WITHIN THE MEANING OF ARTICLE 177 . ON THE OTHER HAND , A NATIONAL COURT OR TRIBUNAL MAY , IN AN APPROPRIATE CASE , REFER A MATTER TO THE COURT OF JUSTICE OF ITS OWN MOTION .
10 SECONDLY , IT FOLLOWS FROM THE RELATIONSHIP BETWEEN THE SECOND AND THIRD PARAGRAPHS OF ARTICLE 177 THAT THE COURTS OR TRIBUNALS REFERRED TO IN THE THIRD PARAGRAPH HAVE THE SAME DISCRETION AS ANY OTHER NATIONAL COURT OR TRIBUNAL TO ASCERTAIN WHETHER A DECISION ON A QUESTION OF COMMUNITY LAW IS NECESSARY TO ENABLE THEM TO GIVE JUDGMENT . ACCORDINGLY , THOSE COURTS OR TRIBUNALS ARE NOT OBLIGED TO REFER TO THE COURT OF JUSTICE A QUESTION CONCERNING THE INTERPRETATION OF COMMUNITY LAW RAISED BEFORE THEM IF THAT QUESTION IS NOT RELEVANT , THAT IS TO SAY , IF THE ANSWER TO THAT QUESTION , REGARDLESS OF WHAT IT MAY BE , CAN IN NO WAY AFFECT THE OUTCOME OF THE CASE .
11 IF , HOWEVER , THOSE COURTS OR TRIBUNALS CONSIDER THAT RECOURSE TO COMMUNITY LAW IS NECESSARY TO ENABLE THEM TO DECIDE A CASE , ARTICLE 177 IMPOSES AN OBLIGATION ON THEM TO REFER TO THE COURT OF JUSTICE ANY QUESTION OF INTERPRETATION WHICH MAY ARISE .
12 THE QUESTION SUBMITTED BY THE CORTE DI CASSAZIONE SEEKS TO ASCERTAIN WHETHER , IN CERTAIN CIRCUMSTANCES , THE OBLIGATION LAID DOWN BY THE THIRD PARAGRAPH OF ARTICLE 177 MIGHT NONE THE LESS BE SUBJECT TO CERTAIN RESTRICTIONS .
13 IT MUST BE REMEMBERED IN THIS CONNECTION THAT IN ITS JUDGMENT OF 27 MARCH 1963 IN JOINED CASES 28 TO 30/62 ( DA COSTA V NEDERLANDSE BELASTINGADMINISTRATIE ( 1963 ) ECR 31 ) THE COURT RULED THAT : ' ' ALTHOUGH THE THIRD PARAGRAPH OF ARTICLE 177 UNRESERVEDLY REQUIRES COURTS OR TRIBUNALS OF A MEMBER STATE AGAINST WHOSE DECISIONS THERE IS NO JUDICIAL REMEDY UNDER NATIONAL LAW . . . TO REFER TO THE COURT EVERY QUESTION OF INTERPRETATION RAISED BEFORE THEM , THE AUTHORITY OF AN INTERPRETATION UNDER ARTICLE 177 ALREADY GIVEN BY THE COURT