, WHAT ARE THE RESPECTIVE POWERS OF THE COURT OF JUSTICE AND OF THE COURTS WHICH REFER QUESTIONS FOR A PRELIMINARY RULING , HAVING REGARD ABOVE ALL TO THE POWERS POSSESSED BY THE LATTER UNDER THEIR VARIOUS NATIONAL LEGAL SYSTEMS , IN RELATION TO THE EVALUATION OF ALL THE MATTERS OF FACT AND OF LAW RELEVANT TO THE DISPUTES AS TO THE SUBSTANCE AND OF THE QUESTIONS RAISED THEREIN , ABOVE ALL WHEN THE CLAIM IN THE MAIN ACTION IS FOR A DECLARATORY JUDGMENT?
2.IF THE COURT OF JUSTICE IN CONNECTION WITH A REFERENCE FOR A PRELIMINARY RULING DECLARES FOR ANY REASON WHATEVER THAT IT DOES NOT HAVE JURISDICTION TO GIVE A RULING ON THE QUESTIONS SUBMITTED TO IT , MAY THE COURT REFERRING THE QUESTIONS , WHICH IS BOUND UNDER ITS OWN NATIONAL LEGAL SYSTEM TO ADMINISTER JUSTICE TO THE PARTIES , ALSO UNDERTAKE THE INTERPRETATION OF COMMUNITY LAW , AND IF SO WITHIN WHAT LIMITS AND ACCORDING TO WHAT CRITERIA , OR MUST IT INSTEAD GIVE A RULING EXCLUSIVELY IN TERMS OF NATIONAL LAW?
3.WITHIN THE FRAMEWORK OF THE CRITERIA FOR INTERPRETATION OF ARTICLE 177 OF THE EEC TREATY IS THERE WITHIN THE LEGAL ORDER OF THE COMMUNITY A GENERAL PRINCIPLE WHICH REQUIRES OR PERMITS THE NATIONAL COURTS BEFORE WHICH PROCEEDINGS ARE INSTITUTED WHEREIN QUESTIONS OF INTERPRETATION OF COMMUNITY LAW ARISE ALSO INVOLVING NATIONAL PROVISIONS , WHICH MAY PERTAIN TO LEGAL SYSTEMS OTHER THAN THAT OF THE COURT IN QUESTION , 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?
4.AT ALL EVENTS , WHEREVER A QUESTION OF INTERPRETATION IS RAISED BEFORE OR BY THE NATIONAL COURTS IN PROCEEDINGS BETWEEN PRIVATE PERSONS WHICH DIRECTLY CONCERNS THE INDIVIDUAL RIGHTS OF NATIONALS OR TRADERS OF ONE OF THE MEMBER STATES , DO SUCH INDIVIDUAL RIGHTS UNDER SUBSTANTIVE COMMUNITY LAW OBTAIN A DEGREE OF PROTECTION WHICH IS DIFFERENT FROM AND AT ALL EVENTS LESS THAN THAT WHICH THE SAME INDIVIDUAL RIGHTS MIGHT OBTAIN IF THE ADMINISTRATIONS OF THE MEMBER STATES WHOSE LAWS FORM THE SUBJECT-MATTER OF THE REQUESTS FOR INTERPRETATION IN RELATION TO THEIR COMPATIBILITY WHICH THE EEC TREATY WERE REPRESENTED AND ENTERED AN APPEARANCE BEFORE EITHER THE NATIONAL COURT OR THE COURT OF JUSTICE?
5.MUST ARTICLE 95 OF THE EEC TREATY BE INTERPRETED AS MEANING THAT THE PROHIBITION OF THE IMPOSITION OF INTERNAL TAXATION , DIFFERENTIATED ACCORDING TO THE ORIGIN AND PROVENANCE OF A PRODUCT , ENCOMPASSES SITUATIONS SUCH AS THAT OF THE FRENCH PROVISIONS ON THE TAXATION OF LIQUEUR WINES WHICH ARE DESCRIBED IN DETAIL IN CASE 104/79?
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THE FIRST , THIRD AND FOURTH QUESTIONS
12 IN HIS FIRST QUESTION THE PRETORE REQUESTED CLARIFICATION OF THE LIMITS OF THE POWER OF APPRAISAL RESERVED BY THE TREATY TO THE NATIONAL COURT ON THE ONE HAND AND THE COURT OF JUSTICE ON THE OTHER WITH REGARD TO THE WORDING OF REFERENCES FOR A PRELIMINARY RULING AND OF THE APPRAISAL OF