WHICH THE CASE HAS BEEN REFERRED TO IT BY THE NATIONAL COURT .
22 AS THE PRETORE HAS PROPERLY INDICATED IN HIS THIRD AND FOURTH QUESTIONS , SPECIAL PROBLEMS MAY ARISE CONCERNING THE APPLICATION OF ARTICLE 177 WHEN QUESTIONS OF INTERPRETATION ARE SUBMITTED BY THE NATIONAL COURT IN ORDER TO ENABLE IT TO ETABLISH WHETHER THE LEGISLATIVE PROVISIONS OF A MEMBER STATE ARE IN ACCORDANCE WITH COMMUNITY LAW . IN THIS CONNECTION THE PRETORE HAS INDICATED TWO DISTINCT CATEGORIES OF PROBLEMS .
23 THE THIRD QUESTION CONCERNS CIRCUMSTANCES IN WHICH , IN PROCEEDINGS BETWEEN INDIVIDUALS BEFORE A COURT OF A MEMBER STATE , A DISPUTE ARISES AS TO THE COMPATIBILITY WITH COMMUNITY LAW OF THE LEGISLATION OF A MEMBER STATE OTHER THAN THAT OF THE STATE IN WHICH THAT COURT IS SITUATED . THE PRETORE HAS SUBMITTED IN THIS CONNECTION THE QUESTION WHETHER IN SUCH A CASE THE MEMBER STATE WHOSE LEGISLATION IS AT ISSUE MAY BE JOINED IN THE PROCEEDINGS INSTITUTED BEFORE THE COURT IN QUESTION .
24 THE REPLY ON THIS POINT MUST BE THAT IN THE ABSENCE OF PROVISIONS OF COMMUNITY LAW IN THE MATTER , THE POSSIBILITY OF TAKING PROCEEDINGS BEFORE A NATIONAL COURT AGAINST A MEMBER STATE OTHER THAN THAT IN WHICH THAT COURT IS SITUATED DEPENDS BOTH ON THE LAWS OF THE LATTER AND ON THE PRINCIPLES OF INTERNATIONAL LAW .
25 IN THE FOURTH QUESTION THE PRETORE HAS ASKED WHETHER THE PROTECTION PROVIDED FOR INDIVIDUALS BY THE PROCEDURE UNDER ARTICLE 177 IS DIFFERENT , OR INDEED DIMINISHED , WHEN SUCH A QUESTION IS RAISED IN PROCEEDINGS BETWEEN INDIVIDUALS AS OPPOSED TO PROCEEDINGS BETWEEN AN INDIVIDUAL AND THE ADMINISTRATION .
26 IN ANSWER TO THE QUESTION THUS RAISED IT MUST BE EMPHASIZED THAT ALL INDIVIDUALS WHOSE RIGHTS ARE INFRINGED BY MEASURES ADOPTED BY A MEMBER STATE WHICH ARE CONTRARY TO COMMUNITY LAW MUST HAVE THE OPPORTUNITY TO SEEK THE PROTECTION OF A COURT POSSESSED OF JURISDICTION AND THAT SUCH A COURT , FOR ITS PART , MUST BE FREE TO OBTAIN INFORMATION AS TO THE SCOPE OF THE RELEVANT PROVISIONS OF COMMUNITY LAW BY MEANS OF A PROCEDURE UNDER ARTICLE 177 . IN PRINCIPLE THE DEGREE OF PROTECTION AFFORDED BY THE COURTS THEREFORE MUST NOT DIFFER ACCORDING TO WHETHER SUCH A QUESTION IS RAISED IN PROCEEDINGS BETWEEN INDIVIDUALS OR IN AN ACTION TO WHICH THE STATE WHOSE LEGISLATION IS CHALLENGED IS A PARTY IN ONE FORM OR ANOTHER .
27 NEVERTHELESS , AS THE COURT HAS STATED IN ITS REPLY SET OUT ABOVE TO THE FIRST QUESTION IT IS FOR THE COURT OF JUSTICE TO APPRAISE THE CONDITIONS IN WHICH A CASE IS REFERRED TO IT BY A NATIONAL COURT IN ORDER TO CONFIRM THAT IT HAS JURISDICTION . IN THAT CONNECTION THE QUESTION WHETHER THE PROCEEDINGS ARE BETWEEN INDIVIDUALS OR ARE DIRECTED AGAINST THE STATE WHOSE LEGISLATION IS CALLED IN QUESTION IS NOT IN ALL CIRCUMSTANCES IRRELEVANT .
28 ON THE ONE HAND IT MUST BE POINTED OUT THAT THE COURT BEFORE WHICH