1 . THE JURISDICTION OF THE COURT THE ITALIAN MINISTRY FOR FOREIGN TRADE, THE DEFENDANT IN THE MAIN ACTION, ARGUES THAT THIS QUESTION IS INADMISSIBLE . IT SAYS THAT IN ASKING THE COURT OF JUSTICE ' TO CONSIDER THE NATURE ' OF THIS LEGAL PROTECTION WHICH MAY BE GRANTED TO INDIVIDUALS, THE CORTE D' APPELLO, ROME, HAS RAISED A QUESTION WHICH DEPENDS ON AN INTERPRETATION OF NATIONAL LAW . THE ARGUMENT CANNOT BE ACCEPTED, SINCE THE PRESENT QUESTION CALLS FOR AN INTERPRETATION OF COMMUNITY LAW . IT SUPPLEMENTS THE FIRST QUESTION BECAUSE IT SEEKS INFORMATION AS TO THE NATURE AND SCOPE OF THE EFFECTS WHICH THE TREATY ATTRIBUTES TO THE PROVISIONS IN QUESTION .
2 . SUBSTANCE IT FOLLOWS FROM THE FUNDAMENTAL PRINCIPLES OF THE TREATY AND FROM THE OBJECTIVES WHICH IT SEEKS TO ATTAIN THAT THE PROVISIONS OF ARTICLE 31 AND OF THE FIRST PARAGRAPH OF ARTICLE 32 HAVE ENTERED INTO THE NATIONAL LEGAL ORDER AND ARE DIRECTLY APPLICABLE THEREIN . THE COMPLEXITY OF CERTAIN SITUATIONS IN A STATE CANNOT ALTER THE LEGAL NATURE OF A COMMUNITY PROVISION WHICH IS DIRECTLY APPLICABLE, AND THIS IS PARTICULARLY THE CASE CONSIDERING THAT THE COMMUNITY RULE MUST HAVE THE SAME BINDING FORCE IN ALL MEMBER STATES . THE PROVISIONS OF ARTICLES 31 AND 32 REQUIRE THE AUTHORITIES, AND IN PARTICULAR THE RELEVANT COURTS OF THE MEMBER STATES, TO PROTECT THE INTERESTS OF THOSE PERSONS SUBJECT TO THEIR JURISDICTION WHO MAY BE AFFECTED BY ANY POSSIBLE INFRINGEMENT OF THE SAID PROVISIONS, BY ENSURING FOR THEM DIRECT AND IMMEDIATE PROTECTION OF THEIR INTERESTS NO MATTER WHAT THE EXISTING RELATIONSHIP MAY BE UNDER NATIONAL LAW BETWEEN THOSE INTERESTS AND THE PUBLIC INTEREST TO WHICH THE QUESTION REFERS . P . 463 IT IS FOR THE NATIONAL LEGAL SYSTEM TO DETERMINE WHICH COURT OR TRIBUNAL HAS JURISDICTION TO GIVE THIS PROTECTION AND, FOR THIS PURPOSE, TO DECIDE HOW THE INDIVIDUAL POSITION THUS PROTECTED IS TO BE CLASSIFIED . NO ARGUMENT TO THE CONTRARY CAN BE BASED ON ARTICLES 36, 224 OR 226 OF THE TREATY . IN FACT, ALTHOUGH THESE PROVISIONS ATTACH PARTICULAR IMPORTANCE TO THE INTERESTS OF MEMBER STATES, IT MUST BE OBSERVED THAT THEY DEAL WITH EXCEPTIONAL CASES WHICH ARE CLEARLY DEFINED AND WHICH DO NOT LEND THEMSELVES TO ANY WIDE INTERPRETATION . THUS THE ANSWER TO BE GIVEN TO THE PRESENT QUESTION IS THAT, IN SO FAR AS THE PROVISIONS IN QUESTION CONFER ON PERSONS SUBJECT TO THE JURISDICTION RIGHTS WHICH NATIONAL COURTS MUST PROTECT, THOSE COURTS MUST ENSURE THAT THE SAID RIGHTS ARE INDEED PROTECTED, BUT THAT IT IS FOR THE LEGAL SYSTEM OF EACH MEMBER STATE TO DECIDE WHICH COURT HAS JURISDICTION AND, FOR THIS PURPOSE TO CLASSIFY THOSE RIGHTS WITH REFERENCE TO THE CRITERIA OF NATIONAL LAW .