INTERNATIONAL LAW .
3 . IN THE CASE OF QUESTIONS INTENDED TO PERMIT THE NATIONAL COURT TO DETERMINE WHETHER PROVISIONS LAID DOWN BY LAW OR REGULATION IN ANOTHER MEMBER STATE ARE IN ACCORDANCE WITH COMMUNITY LAW THE DEGREE OF LEGAL PROTECTION MAY NOT DIFFER ACCORDING TO WHETHER SUCH QUESTIONS ARE RAISED IN PROCEEDINGS BETWEEN INDIVIDUALS OR IN AN ACTION TO WHICH THE STATE WHOSE LEGISLATION IS CALLED IN QUESTION IS A PARTY , BUT IN THE FIRST CASE THE COURT OF JUSTICE MUST TAKE SPECIAL CARE TO ENSURE THAT THE PROCEDURE UNDER ARTICLE 177 IS NOT EMPLOYED FOR PURPOSES WHICH WERE NOT INTENDED BY THE TREATY .
4 . THE CIRCUMSTANCE REFERRED TO BY THE PRETORE , BRA , IN HIS SECOND ORDER FOR REFERENCE DOES NOT APPEAR TO CONSTITUTE A NEW FACT WHICH WOULD JUSTIFY THE COURT OF JUSTICE IN MAKING A FRESH APPRAISAL OF ITS JURISDICTION AND IT IS THEREFORE FOR THE PRETORE , WITHIN THE FRAMEWORK OF THE COLLABORATION BETWEEN A NATIONAL COURT AND THE COURT OF JUSTICE , TO ASCERTAIN IN THE LIGHT OF THE FOREGOING CONSIDERATIONS WHETHER THERE IS ANY NEED TO OBTAIN AN ANSWER FROM THE COURT OF JUSTICE TO THE FIFTH QUESTION AND , IF SO , TO INDICATE TO THE COURT ANY NEW FACTOR WHICH MIGHT JUSTIFY IT IN TAKING A DIFFERENT VIEW OF ITS JURISDICTION .