ISSUE HAS BEEN BROUGHT BEFORE A NATIONAL COURT .
5THUS IT FOLLOWS FROM THE LEGISLATIVE AND JUDICIAL SYSTEM ESTABLISHED BY THE TREATY THAT , ALTHOUGH RESPECT FOR THE PRINCIPLE OF THE RULE OF LAW WITHIN THE COMMUNITY CONTEXT ENTAILS FOR PERSONS AMENABLE TO COMMUNITY LAW THE RIGHT TO CHALLENGE THE VALIDITY OF REGULATIONS BY LEGAL ACTION , THAT PRINCIPLE ALSO IMPOSES UPON ALL PERSONS SUBJECT TO COMMUNITY LAW THE OBLIGATION TO ACKNOWLEDGE THAT REGULATIONS ARE FULLY EFFECTIVE SO LONG AS THEY HAVE NOT BEEN DECLARED TO BE INVALID BY A COMPETENT COURT .
6THE ANSWER TO THE FIRST QUESTION MUST THEREFORE BE THAT SO LONG AS REGULATION NO 563/76 OF 15 MARCH 1976 HAD NOT BEEN DECLARED NULL AND VOID UNDER THE TREATY THE NATIONAL AUTHORITIES RESPONSIBLE FOR ITS IMPLEMENTATION WERE OBLIGED TO REFUSE TO ISSUE A ' ' PROTEIN CERTIFICATE ' ' PURSUANT TO THAT REGULATION TO ALL THOSE WHO DID NOT COMPLY WITH THE PRESCRIBED CONDITIONS .
THE SECOND QUESTION
7THE SECOND QUESTION ASKS , IN ESSENCE , WHETHER THE TREATY AND THE PRINCIPLES UPON WHICH IT IS BASED IMPLY THAT THE COMPETENT NATIONAL AUTHORITIES WERE EMPOWERED TO EXEMPT AN APPLICANT FROM THE CONDITIONS LAID DOWN FOR THE ISSUE OF A ' ' PROTEIN CERTIFICATE ' ' PURSUANT TO REGULATION NO 563/76 .
8THE ANSWER TO THIS QUESTION CAN ONLY BE IN THE NEGATIVE SINCE THAT REGULATION DID NOT CONTAIN ANY EXPRESS PROVISION PERMITTING DEROGATIONS FROM THOSE CONDITIONS AND IN THE PRESENT CASE NO OVERRIDING PRINCIPLE OF COMMUNITY LAW MIGHT BE RELIED UPON IN ORDER TO PERMIT THE NATIONAL AUTHORITIES TO INTERPRET THE REGULATION DIFFERENTLY .
THE THIRD QUESTION
9THE THIRD QUESTION ASKS , IN ESSENCE , WHETHER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY MUST BE UNDERSTOOD AS MEANING THAT , SINCE THE COMMUNITY ADOPTED REGULATION NO 563/76 , IT IS DIRECTLY LIABLE TOWARDS PERSONS WHO CLAIM TO HAVE BEEN INJURED FOR THE DAMAGE WHICH THEY HAVE SUFFERED MERELY BY REASON OF THE FACT THAT THE NATIONAL AUTHORITIES APPLIED THE REGULATION .
10THE COURT IN ITS JUDGMENT OF 25 MAY 1978 IN JOINED CASES 83 AND 94/76 , 4 , 15 AND 40/77 , BAYERISCHE HNL V COUNCIL AND COMMISSION ( 1978 ) ECR 1209 , STATED THAT THE FINDING THAT REGULATION NO 563/76 IS NULL AND VOID IS INSUFFICIENT BY ITSELF TO RENDER THE COMMUNITY LIABLE UNDER THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY .
THE ABOVE REFERENCE TO THAT DECISION REMOVES THE NEED FOR THE COURT TO ANSWER THE QUESTION REFERRED TO IT , ESPECIALLY AS A QUESTION RELATING TO THE APPLICATION OF THE SECOND PARAGRAPH OF ARTICLE 215 CANNOT BE DETERMINED IN PROCEEDINGS UNDER ARTICLE 177 OF THE TREATY .
THE FOURTH AND FIFTH QUESTIONS
11SINCE THE FOURTH AND FIFTH QUESTIONS WERE REFERRED IN CASE THE THIRD QUESTION SHOULD BE ANSWERED IN THE AFFIRMATIVE THEY ARE CONSEQUENTLY DEVOID OF PURPOSE .
THE SIXTH QUESTION
12THE SIXTH QUESTION , IN ESSENCE , ASKS WHETHER THE NATIONAL COURT , ON THE ASSUMPTION