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Article contents
Decisions of the Court of Justice of the European Communities*
Published online by Cambridge University Press: 28 March 2017
Abstract
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- Type
- Judicial Decisions
- Information
- Copyright
- Copyright © The American Society of International Law 1964
Footnotes
*
Reported by Thomas Buergenthal, Assistant Professor of Law, School of Law, State University of New York at Buffalo. Quotations are taken from the English translation found in Commerce Clearing House 1963 Common Market Eeports.
References
1 Article 177 provides:
“The Court of Justice shall be competent to make a preliminary decision concerning :
-
(a)
(a) the interpretation of this Treaty;
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(b)
(b) the validity and interpretation of acts of the institutions of the Community; and
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(c)
(c) the interpretation of the statutes of any bodies set up by an act of the Council, where such statutes so provide.
“Where any such question is raised before a court or tribunal of one of the Member States, such court or tribunal may, if it considers that its judgment depends on a preliminary decision on this question, request the Court of Justice to give a ruling thereon.
“Where any such question is raised in a case pending before a domestic court or tribunal from whose decisions no appeal lies under municipal law, such court or tribunal shall refer the matter to the Court of Justice.”
2 Article 169 provides :
“If the Commission considers that a Member State has failed to fulfil any of its obligations under this Treaty, it shall give a reasoned opinion on the matter after requiring such State to submit its comments.
“If such State does not comply with the terms of such opinion within the period laid down by the Commission, the latter may refer the matter to the Court of Justice.”
3 Article 170 provides:
“Any Member State which considers that another Member State has failed to fulfil any of its obligations under this Treaty may refer the matter to the Court of Justice.
“Before a Member State institutes, against another Member State, proceedings relating to an alleged infringement of the obligations under this Treaty, it shall refer the matter to the Commission.
“The Commission shall give a reasoned opinion after the States concerned have been required to submit their comments in written and oral pleadings.
“If the Commission, within a period of three months after the date of reference of the matter to it, has not given an opinion, reference to the Court of Justice shall not thereby be prevented.”