ECJ Although article 41 of the EEC Treaty, which is based on a clear separation of functions between the national courts and the Court of Justice, does not permit the court either to assess the facts of the case or to review the grounds on which the question submitted for a preliminary ruling is based, it is none the less for the court to set the measure whose validity is contested in context in community law and to examine the criteria for interpretation established by community law in order to be able to give the national court an appropriate answer for the purpose of resolving the main dispute.
Where that examination reveals that the provision of community law on which the court has been requested to give a ruling is not relevant to the solution of the main dispute, the court will declare that it is unnecessary for it to give a decision on the point at issue.
Citations:
R-172/84, [1985] EUECJ R-172/84
Links:
European, Constitutional
Updated: 21 June 2022; Ref: scu.215297
