HAVE JURISDICTION TO REPLY TO QUESTIONS OF INTERPRETATION WHICH ARE SUBMITTED TO IT WITHIN THE FRAMEWORK OF PROCEDURAL DEVICES ARRANGED BY THE PARTIES IN ORDER TO INDUCE THE COURT TO GIVE ITS VIEWS ON CERTAIN PROBLEMS OF COMMUNITY LAW WHICH DO NOT CORRESPOND TO AN OBJECTIVE REQUIRE- MENT INHERENT IN THE RESOLUTION OF A DISPUTE . A DECLARATION BY THE COURT THAT IT HAS NO JURISDICTION IN SUCH CIRCUMSTANCES DOES NOT IN ANY WAY TRESPASS UPON THE PREROGATIVES OF THE NATIONAL COURT BUT MAKES IT POSSIBLE TO PREVENT THE APPLICATION OF THE PROCEDURE UNDER ARTICLE 177 FOR PURPOSES OTHER THAN THOSE APPROPRIATE FOR IT .
FURTHERMORE , WHILST THE COURT OF JUSTICE MUST BE ABLE TO PLACE AS MUCH RELIANCE AS POSSIBLE UPON THE ASSESSMENT BY THE NATIONAL COURT OF THE EXTENT TO WHICH THE QUESTIONS SUBMITTED ARE ESSENTIAL , IT MUST BE IN A POSITION TO MAKE ANY ASSESSMENT INHERENT IN THE PERFORMANCE OF ITS OWN DUTIES , IN PARTICULAR IN ORDER TO CHECK , AS ALL COURTS MUST , WHETHER IT HAS JURISDICTION .
3 . IN THE ABSENCE OF PROVISIONS OF COMMUNITY LAW , THE POSSIBILITY OF TAKING PROCEEDINGS BEFORE A NATIONAL COURT AGAINST A MEMBER STATE OTHER THAN THAT IN WHICH THAT COURT IS SITUATED , WHOSE LEGISLATION IS THE SUB- JECT OF A DISAGREEMENT AS TO WHETHER IT IS COMPATIBLE WITH COMMUNITY LAW , DEPENDS ON THE PROCEDURAL LAW OF THE STATE IN WHICH THE COURT IS SITUATED AND ON THE PRINCIPLES OF INTERNATIONAL LAW .
4 . IN THE CASE OF PRELIMINARY 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 OF THE EEC TREATY IS NOT EMPLOYED FOR PURPOSES WHICH WERE NOT INTENDED BY THE TREATY .
5 . THE CONDITIONS IN WHICH THE COURT OF JUSTICE PERFORMS ITS DUTIES UNDER ARTICLE 177 OF THE EEC TREATY ARE INDEPENDENT OF THE NATURE AND OBJECTIVE OF PROCEEDINGS BROUGHT BEFORE THE NATIONAL COURTS . ARTICLE 177 REFERS TO THE ' ' JUDGMENT ' ' TO BE GIVEN BY THE NATIONAL COURT WITHOUT LAYING DOWN SPECIAL RULES AS TO WHETHER OR NOT SUCH JUDGMENTS ARE OF A DECLARATORY NATURE .
Parties
IN CASE 244/80
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE PRETURA ( DISTRICT COURT ), BRA , FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
PASQUALE FOGLIA , SANTA VITTORIA D ' ALBA ,
AND
MARIELLA NOVELLO , MAGLIANO ALFIERI ,
Subject of the case
ON THE INTERPRETATION OF ARTICLES 177 AND 95 OF THE EEC TREATY ,
Grounds