OF THAT PROTOCOL .
IN THE PRESENT CASE THE DEFENDANT NEVERTHELESS CONTENDS THAT THE COURT HAS NO JURISDICTION AND THAT THE CASE DOES NOT RELATE TO THE INTERPRETATION OF THE PROTOCOL BUT TO THE CORRECT APPLICATION OF BELGIAN LAW TO THE INCOME OF THE APPLICANT'S WIFE WHO IS NOT HERSELF AN OFFICIAL OF THE COMMUNITY .
THIS ARGUMENT CANNOT BE ACCEPTED BY THE COURT .
IN REALITY THE DISPUTE RELATES TO THE QUESTION WHETHER ARTICLE 11 ( B ) OF THE PROTOCOL ALLOWS MEMBER STATES TO TAKE INTO ACCOUNT THE REMUNERATION OF AN OFFICIAL OF THE COMMUNITY IN ORDER TO DETERMINE THE RATE OF TAX APPLICABLE TO HIS WIFE'S INCOME . IN ITS DEFENCE, THE DEFENDANT ITSELF STATED THAT THIS WAS THE SUBJECT OF THE DISPUTE .
THE COURT IS THEREFORE CONCERNED WITH RESOLVING A DISPUTE RELATING TO THE INTERPRETATION OR APPLICATION OF THE PROTOCOL, IN PARTICULAR ARTICLE 11 ( B ).
CONSEQUENTLY THE CONTENTION THAT THE COURT LACKS JURISDICTION MUST BE REJECTED .
2 . ON THE OTHER HAND THE COURT HAS NO JURISDICTION TO ANNUL LEGISLATIVE OR ADMINISTRATIVE MEASURES OF ONE OF THE MEMBER STATES .
THE ECSC TREATY IS BASED ON THE PRINCIPLE OF A STRICT SEPARATION OF THE POWERS OF THE COMMUNITY INSTITUTIONS AND THOSE OF THE AUTHORITIES OF THE MEMBER STATES .
COMMUNITY LAW DOES NOT GRANT TO THE INSTITUTIONS OF THE COMMUNITY THE RIGHT TO ANNUL LEGISLATIVE OR ADMINISTRATIVE MEASURES ADOPTED BY A MEMBER STATE .
THUS, IF THE HIGH AUTHORITY BELIEVES THAT A STATE HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY BY ADOPTING OR MAINTAINING IN FORCE PROVISIONS CONTRARY TO THE TREATY, IT MAY NOT ITSELF ANNUL OR REPEAL THOSE PROVISIONS BUT, IN ACCORDANCE WITH ARTICLE 88 OF THE TREATY, IT MAY MERELY RECORD SUCH A FAILURE AND SUBSEQUENTLY INSTITUTE PROCEEDINGS AS SET OUT IN THE TREATY TO PREVAIL UPON THE STATE IN QUESTION ITSELF TO RESCIND THE MEASURES WHICH IT HAD ADOPTED .
THE SAME APPLIES TO THE COURT OF JUSTICE . UNDER THE TERMS OF ARTICLE 31 OF THE TREATY IT HAS RESPONSABILITY FOR ENSURING THAT COMMUNITY LAW IS OBSERVED AND BY ARTICLE 16 OF THE PROTOCOL HAS JURISDICTION TO RULE ON ANY DISPUTE RELATING TO THE INTERPRETATION OR APPLICATION OF THE PROTOCOL BUT IT MAY NOT, ON ITS OWN AUTHORITY, ANNUL OR REPEAL THE NATIONAL LAWS OF A MEMBER STATE OR ADMINISTRATIVE MEASURES ADOPTED BY THE AUTHORITIES OF THAT STATE .
THIS STATEMENT OF THE LIMITS OF THE JURISDICTION OF THE COURT MAY FURTHER BE SUPPORTED BY AN ARGUMENT STEMMING FROM THE TREATIES OF ROME, IN PARTICULAR FROM ARTICLE 171 OF THE EEC TREATY AND ARTICLE 143 OF THE EAEC TREATY WHICH MERELY ATTACH DECLARATORY EFFECT TO THE DECISIONS OF THE COURT IN CASES OF FAILURE TO COMPLY WITH THE TREATIES, ALBEIT OBLIGING THE MEMBER STATES TO TAKE THE NECESSARY MEASURES TO COMPLY WITH THE JUDGMENT .
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THE COURT FINDS THAT THERE IS NO FOUNDATION TO THE ARGUMENT OF THE APPLICANT THAT THE PROTECTION OF