THE CIRCUMSTANCES OF FACT AND OF LAW IN THE MAIN ACTION , IN PARTICULAR WHERE THE NATIONAL COURT IS REQUESTED TO GIVE A DECLARATORY JUDGMENT .
13 THE THIRD AND FOURTH QUESTIONS CONCERN MORE PARTICULARLY THE CASE IN WHICH QUESTIONS OF INTERPRETATION ARE SUBMITTED IN ORDER TO PERMIT THE COURT TO RESOLVE DISPUTES CONCERNING THE COMPATIBILITY WITH COMMUNITY LAW OF NATIONAL LEGISLATION ENACTED EITHER BY THE STATE IN WHICH THE COURT IS SITUATED OR , AS IN THIS CASE , BY ANOTHER MEMBER STATE . IN THAT CONNECTION THE QUESTION IS RAISED
- WHETHER , WHERE THE LEGISLATION OF ONE MEMBER STATE IS CALLED IN QUESTION BEFORE THE COURTS OF ANOTHER MEMBER STATE , THERE IS WITHIN THE COMMUNITY LEGAL ORDER A GENERAL PRINCIPLE WHICH REQUIRES OR PERMITS THE COURT BEFORE WHICH SUCH A DISPUTE IS BROUGHT TO ORDER THE JOINDER IN THE PROCEEDINGS OF THE AUTHORITIES OF THE MEMBER STATE CONCERNED BEFORE SUBMITTING A REFERENCE FOR A PRELIMINARY RULING TO THE COURT OF JUSTICE ;
- WHETHER THE DEGREE OF PROTECTION FOR INDIVIDUALS IN PROCEEDINGS UNDER ARTICLE 177 DIFFERS DEPENDING ON WHETHER THAT ISSUE IS RAISED WITHIN THE FRAMEWORK OF PROCEEDINGS BETWEEN PRIVATE PERSONS OR IN PROCEEDINGS TO WHICH THE ADMINISTRATION OF THE STATE WHOSE LEGISLATION IS CALLED IN QUESTION IS A PARTY .
14 WITH REGARD TO THE FIRST QUESTION IT SHOULD BE RECALLED , AS THE COURT HAS HAD OCCASION TO EMPHASIZE IN VERY VARIED CONTEXTS , THAT ARTICLE 177 IS BASED ON COOPERATION WHICH ENTAILS A DIVISION OF DUTIES BETWEEN THE NATIONAL COURTS AND THE COURT OF JUSTICE IN THE INTEREST OF THE PROPER APPLICATION AND UNIFORM INTERPRETATION OF COMMUNITY LAW THROUGHOUT ALL THE MEMBER STATES .
15 WITH THIS IN VIEW IT IS FOR THE NATIONAL COURT - BY REASON OF THE FACT THAT IT IS SEIZED OF THE SUBSTANCE OF THE DISPUTE AND THAT IT MUST BEAR THE RESPONSIBILITY FOR THE DECISION TO BE TAKEN - TO ASSESS , HAVING REGARD TO THE FACTS OF THE CASE , THE NEED TO OBTAIN A PRELIMINARY RULING TO ENABLE IT TO GIVE JUDGMENT .
16 IN EXERCISING THAT POWER OF APPRAISAL THE NATIONAL COURT , IN COLLABORATION WITH THE COURT OF JUSTICE , FULFILS A DUTY ENTRUSTED TO THEM BOTH OF ENSURING THAT IN THE INTERPRETATION AND APPLICATION OF THE TREATY THE LAW IS OBSERVED . ACCORDINGLY THE PROBLEMS WHICH MAY BE ENTAILED IN THE EXERCISE OF ITS POWER OF APPRAISAL BY THE NATIONAL COURT AND THE RELATIONS WHICH IT MAINTAINS WITHIN THE FRAMEWORK OF ARTICLE 177 WITH THE COURT OF JUSTICE ARE GOVERNED EXCLUSIVELY BY THE PROVISIONS OF COMMUNITY LAW .
17 IN ORDER THAT THE COURT OF JUSTICE MAY PERFORM ITS TASK IN ACCORDANCE WITH THE TREATY IT IS ESSENTIAL FOR NATIONAL COURTS TO EXPLAIN , WHEN THE REASONS DO NOT EMERGE BEYOND ANY DOUBT FROM THE FILE , WHY THEY CONSIDER THAT A REPLY TO THEIR QUESTIONS IS NECESSARY TO ENABLE THEM TO GIVE JUDGMENT .
18 IT MUST IN FACT BE EMPHASIZED