Article 177 EEC — The Organic Connection Between National Courts and the European Court of Justice

Abstract

Article 177 EC makes provision for national courts to ascertain from the Court of Justice its views on the status and meaning of Community law. After amendment by the Treaty of Maastricht to incorporate the institutions of EMU, it now provides:

The Court of Justice shall have jurisdiction to give preliminary rulings concerning:

• (a) the interpretation of this Treaty;

• (b) the validity and interpretation of acts of the institutions of the Community and of the ECB;

• (c) the interpretation of the statutes of bodies established by an act of the Council, where those statutes so provide.

Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon.

Where any such question is raised in a case pending before a court or tribunal of a Member State, against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.’