THE CHARGES AT ISSUE ARE CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES , THE LEVYING OF WHICH IS INCOMPATIBLE WITH ARTICLE 12 ( 2 ) OF REGULATION NO 14/64 AND ARTICLE 20 ( 2 ) OF REGULATION NO 805/68 , WHICH BOTH PROHIBIT , SUBJECT TO THE EXCEPTIONS AND DEROGATIONS FOR WHICH THEY MAKE PROVISION , THE LEVYING OF ANY CUSTOMS DUTY OR CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY ON IMPORTS INTO THE COMMUNITY FROM A THIRD COUNTRY OF FRESH , CHILLED OR FROZEN MEAT OF DOMESTIC BOVINE ANIMALS .
ADMISSIBILITY OF THE REFERENCE FOR A PRELIMINARY RULING
4THE GOVERNMENT OF THE ITALIAN REPUBLIC HAS RAISED THE QUESTION WHETHER A CASE MAY BE REFERRED TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING IN THE COURSE OF AN APPLICATION FOR A COURT ORDER BROUGHT BEFORE THE ITALIAN PRETURA BY AN INDIVIDUAL AGAINST AN ADMINISTRATIVE AUTHORITY .
5IT MAKES THE POINT THAT SUCH A PROCEDURE HAS NOT THE CHARACTERISTICS OF A NORMAL DEFENDED ACTION INASMUCH AS THE COURT ADJUDICATES SIMPLY ON THE BASIS OF ALLEGATIONS PRESENTED BY THE PLAINTIFF AND CAN MAKE AN ORDER AGAINST THE OTHER PARTY WITHOUT HAVING GIVEN HIM THE OPPORTUNITY TO PRESENT HIS OBSERVATIONS .
6THE PROCEEDINGS ARE CONTESTED ONLY IF THE PARTY AGAINST WHOM THE ORDER IS MADE RAISES OBJECTIONS TO THE DECISION .
7IT IS SAID TO FOLLOW THAT IN THE COURSE OF THE PROCEEDINGS ONLY ONE OF THE PARTIES TO THE MAIN ACTION IS ABLE TO SUBMIT OBSERVATIONS ON THE EXPEDIENCY OF A REFERENCE FOR A PRELIMINARY RULING OR , IF NEED BE , TO TAKE PART OR COLLABORATE WITH THE NATIONAL COURT IN DRAWING UP THE QUESTIONS TO BE REFERRED TO THE COURT OF JUSTICE , WHEREAS THE OTHER HAS NO SUCH OPPORTUNITY AND BEFORE THE COURT OF JUSTICE CAN NEITHER ALTER NOR ADD TO THE QUESTIONS REFERRED .
8ACCORDING TO ARTICLE 177 OF THE TREATY , THE PROCEDURE REGARDING PRELIMINARY RULINGS IS OPEN TO ANY NATIONAL COURT OR TRIBUNAL .
9IT IS SUFFICIENT TO DETERMINE , AS HAS MOREOVER PREVIOUSLY BEEN DECIDED , THAT IN HEARING THE APPLICATION FOR THE GRANT OF AN ORDER , THE PRETURA IS EXERCISING THE FUNCTIONS OF A COURT OR TRIBUNAL WITHIN THE MEANING OF ARTICLE 177 AND THAT AN INTERPRETATION OF COMMUNITY LAW HAS BEEN CONSIDERED BY THAT COURT AS ESSENTIAL FOR IT TO ARRIVE AT A DECISION , WITHOUT ITS BEING NECESSARY FOR THE COURT OF JUSTICE TO CONSIDER THE STAGE OF THE PROCEEDINGS AT WHICH THE QUESTION WAS PUT .
10NEVERTHELESS , ALTHOUGH ARTICLE 177 DOES NOT MAKE THE REFERENCE TO THE COURT SUBJECT TO WHETHER THE PROCEEDINGS DURING WHICH THE NATIONAL COURT DRAWS UP THE REFERENCE FOR A PRELIMINARY RULING WERE DEFENDED , IT MAY WHERE NECESSARY PROVE TO BE IN THE INTERESTS OF THE PROPER ADMINISTRATION OF JUSTICE THAT A QUESTION SHOULD BE REFERRED FOR A PRELIMINARY RULING ONLY AFTER BOTH SIDES HAVE BEEN HEARD .
11HOWEVER , IT IS FOR THE NATIONAL COURT ALONE TO ASSESS WHETHER