Pasquale Foglia v Mariella Novello.
Date: 1981-12-16
16 IN EXERCISING THAT POWER OF APPRAISAL THE NATIONAL COURT , IN COLLABORATION WITH THE COURT OF JUSTICE , FULFILS A DUTY ENTRUSTED TO THEM BOTH OF ENSURING THAT IN THE INTERPRETATION AND APPLICATION OF THE TREATY THE LAW IS OBSERVED . ACCORDINGLY THE PROBLEMS WHICH MAY BE ENTAILED IN THE EXERCISE OF ITS POWER OF APPRAISAL BY THE NATIONAL COURT AND THE RELATIONS WHICH IT MAINTAINS WITHIN THE FRAMEWORK OF ARTICLE 177 WITH THE COURT OF JUSTICE ARE GOVERNED EXCLUSIVELY BY THE PROVISIONS OF COMMUNITY LAW .
17 IN ORDER THAT THE COURT OF JUSTICE MAY PERFORM ITS TASK IN ACCORDANCE WITH THE TREATY IT IS ESSENTIAL FOR NATIONAL COURTS TO EXPLAIN , WHEN THE REASONS DO NOT EMERGE BEYOND ANY DOUBT FROM THE FILE , WHY THEY CONSIDER THAT A REPLY TO THEIR QUESTIONS IS NECESSARY TO ENABLE THEM TO GIVE JUDGMENT .
18 IT MUST IN FACT BE EMPHASIZED THAT THE DUTY ASSIGNED TO THE COURT BY ARTICLE 177 IS NOT THAT OF DELIVERING ADVISORY OPINIONS ON GENERAL OR HYPOTHETICAL QUESTIONS BUT OF ASSISTING IN THE ADMINISTRATION OF JUSTICE IN THE MEMBER STATES . IT ACCORDINGLY DOES NOT 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 REQUIREMENT INHERENT IN THE RESOLUTION OF A DISPUTE . A DECLARATION BY THE COURT THAT IS 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 .
19 FURTHERMORE , IT SHOULD BE POINTED OUT THAT , 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 ORDER TO CHECK , AS ALL COURTS MUST , WHETHER IT HAS JURISDICTION . THUS THE COURT , TAKING INTO ACCOUNT THE REPERCUSSIONS OF ITS DECISIONS IN THIS MATTER , MUST HAVE REGARD , IN EXERCISING THE JURISDICTION CONFERRED UPON IT BY ARTICLE 177 , NOT ONLY TO THE INTERESTS OF THE PARTIES TO THE PROCEEDINGS BUT ALSO TO THOSE OF THE COMMUNITY AND OF THE MEMBER STATES . ACCORDINGLY IT CANNOT , WITHOUT DISREGARDING THE DUTIES ASSIGNED TO IT , REMAIN INDIFFERENT TO THE ASSESSMENTS MADE BY THE COURTS OF THE MEMBER STATES IN THE EXCEPTIONAL CASES IN WHICH SUCH ASSESSMENTS MAY AFFECT THE PROPER WORKING OF THE PROCEDURE LAID DOWN BY ARTICLE 177 .
20 WHILST THE SPIRIT OF COOPERATION WHICH MUST GOVERN THE PERFORMANCE OF THE DUTIES ASSIGNED BY ARTICLE 177 TO THE NATIONAL COURTS ON THE ONE HAND AND THE COURT OF JUSTICE ON THE OTHER REQUIRES THE LATTER TO HAVE REGARD TO THE NATIONAL COURT ' S PROPER RESPONSIBILITIES , IT IMPLIES AT THE SAME TIME THAT THE NATIONAL COURT , IN THE USE WHICH IT MAKES OF THE FACILITIES PROVIDED BY ARTICLE 177 , SHOULD HAVE REGARD TO THE PROPER FUNCTION OF THE COURT OF JUSTICE IN THIS FIELD .
21 THE REPLY TO THE FIRST QUESTION MUST ACCORDINGLY BE THAT WHILST , ACCORDING TO THE INTENDED ROLE OF ARTICLE 177 , AN ASSESSMENT OF THE NEED TO OBTAIN AN ANSWER TO THE QUESTIONS OF INTERPRETATION RAISED , REGARD BEING HAD TO THE     CIRCUMSTANCES OF FACT AND OF LAW INVOLVED IN THE MAIN ACTION , IS A MATTER FOR THE NATIONAL COURT IT IS NEVERTHELESS FOR THE COURT OF JUSTICE , IN ORDER TO CONFIRM ITS OWN JURISDICTION , TO EXAMINE , WHERE NECESSARY , THE CONDITIONS IN WHICH THE CASE HAS BEEN REFERRED TO IT BY THE NATIONAL COURT .
30 THE FOREGOING CONSIDERATIONS AS A WHOLE SHOW THAT THE COURT OF JUSTICE FOR ITS PART MUST DISPLAY SPECIAL VIGILANCE WHEN , IN THE COURSE OF PROCEEDINGS BETWEEN INDIVIDUALS , A QUESTION IS REFERRED TO IT WITH A VIEW TO PERMITTING THE NATIONAL COURT TO DECIDE WHETHER THE LEGISLATION OF ANOTHER MEMBER STATE IS IN ACCORDANCE WITH COMMUNITY LAW .