COMMUNITY ' S OWN RESOURCES REFERRED TO IN ARTICLE 201 OF THE EEC TREATY DO NOT AFFECT THE QUESTION OF JURISDICTION , WHICH MUST BE DECIDED ACCORDING TO THE RULES OF NATIONAL LAW .
15 THE COUNCIL ACKNOWLEDGES THAT THE QUESTION OF JURISDICTION RAISED BY THE NATIONAL COURT MUST BE DECIDED SOLELY ON THE BASIS OF RULES OF NATIONAL LAW , AS THE COURT STATED IN PARAGRAPH 18 OF ITS JUDGMENT OF 27 MARCH 1980 IN JOINED CASES 66 , 127 AND 128/79 ( AMMINISTRAZIONE DELLE FINANZE V SALUMI , ( 1980 ) ECR 1237 ). HOWEVER , THE COUNCIL POINTS OUT THAT THE COURT HAS ALREADY STATED , IN ITS JUDGMENT OF 22 FEBRUARY 1979 IN CASE 138/78 ( STOLTING V HAUPTZOLLAMT HAMBURG-JONAS , ( 1979 ) ECR 713 ), THAT ALL THE MEASURES PROVIDED FOR BY REGULATION NO 1079/77 ARE ' DESIGNED TO STABILIZE THE MARKET IN MILK PRODUCTS AND THUS TO SUPPLEMENT THE EXISTING INTERVENTION SYSTEM ' . THE COURT HAS THEREFORE RULED OUT THE POSSIBILITY THAT SUCH A LEVY MIGHT BE A TAX . IT THEREFORE SEEMS TO THE COUNCIL THAT IT WOULD BE DIFFICULT FOR A NATIONAL COURT TO DEFINE THE SAME LEVY DIFFERENTLY .
16 ACCORDING TO THE COMMISSION , THE QUESTION ASKED CONCERNS A PROBLEM NOT OF COMMUNITY LAW BUT OF NATIONAL LAW - NAMELY , WHICH COURT HAS JURISDICTION . IT CONSIDERS THAT THAT QUESTION MUST BE DECIDED BY THE NATIONAL COURT IN ACCORDANCE WITH ITS OWN LEGAL SYSTEM .
17 AS THE COURT STATED IN ITS JUDGMENT OF 19 DECEMBER 1968 , SALGOIL , TO WHICH THE PARTIES HAVE REFERRED , IT IS FOR THE LEGAL SYSTEM OF EACH MEMBER STATE TO DETERMINE WHICH COURT HAS JURISDICTION TO HEAR DISPUTES INVOLVING INDIVIDUAL RIGHTS DERIVED FROM COMMUNITY LAW , BUT AT THE SAME TIME THE MEMBER STATES ARE RESPONSIBLE FOR ENSURING THAT THOSE RIGHTS ARE EFFECTIVELY PROTECTED IN EACH CASE . SUBJECT TO THAT RESERVATION , IT IS NOT FOR THE COURT TO INTERVENE IN ORDER TO RESOLVE ANY QUESTIONS OF JURISDICTION WHICH MAY ARISE , WITHIN THE NATIONAL JUDICIAL SYSTEM , AS REGARDS THE DEFINITION OF CERTAIN LEGAL SITUATIONS BASED ON COMMUNITY LAW .
18 HOWEVER , AS THE COUNCIL HAS RIGHTLY REMARKED , THE WAY IN WHICH THE CO-RESPONSIBILITY LEVY IS DEFINED UNDER COMMUNITY LAW IS NOT WITHOUT SIGNIFICANCE AS REGARDS NATIONAL LAW . THERE IS THEREFORE SOME PURPOSE IN INFORMING THE NATIONAL COURT OF THE RULES OF COMMUNITY LAW WHICH MAY HELP TO SOLVE THE PROBLEM OF JURISDICTION WITH WHICH IT IS FACED .
19 ON THAT POINT , IT SHOULD BE NOTED THAT ARTICLE 5 OF REGULATION NO 1079/77 EXPRESSLY STATES THAT THE CO-RESPONSIBILITY LEVY IS TO BE REGARDED ' AS FORMING PART OF THE MEASURES TO STABILIZE AGRICULTURAL MARKETS ' . THUS THE LEVY SERVES ESSENTIALLY AN ECONOMIC PURPOSE , INASMUCH AS IT PERFORMS THE SAME FUNCTION AS THE OTHER TYPES OF INTERVENTION PROVIDED FOR WITHIN THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS