Article 177 EEC Treaty

E1023565

Article 177 EEC Treaty is the foundational provision establishing the preliminary reference procedure, enabling national courts to refer questions on the interpretation and validity of Community law to the European Court of Justice.

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Statements (47)

Predicate Object
instanceOf provision of European Community law
treaty article
aimsAt ensuring effectiveness of Community law in Member States
preventing divergent interpretations of Community law
alsoKnownAs Article 177 EEC
preliminary reference provision of the EEC Treaty
appliesTo national courts of the Member States
beneficiary lower national courts
national courts of last instance
category EU judicial cooperation mechanism
codifiedIn original 1957 Treaty of Rome NERFINISHED
createsObligationFor courts of last instance to refer questions of Community law
createsPossibilityFor lower courts to refer questions of Community law
ensures uniform application of Community law
establishes preliminary reference procedure
foundationFor case law on preliminary rulings
doctrine of cooperation between national courts and the Court of Justice
geographicalScope Member States of the European Economic Community
governs procedure for references from national courts to the Court of Justice
grantsPowerTo Court of Justice of the European Communities NERFINISHED
European Court of Justice NERFINISHED
historicalPeriod pre-Maastricht European Community law
inForceFrom 1 January 1958
inspired development of preliminary ruling mechanisms in later EU treaties
interpretedBy European Court of Justice case law NERFINISHED
involvesActor judges of the Court of Justice
national judges
jurisdictionType preliminary jurisdiction
language originally drafted in multiple official Community languages
legalEffect binds national courts regarding interpretation of Community law
creates jurisdiction of the Court of Justice to give preliminary rulings
legalSystem European Community legal order NERFINISHED
locatedInInstrument Treaty of Rome NERFINISHED
partOf Treaty establishing the European Economic Community NERFINISHED
purpose to allow national courts to refer questions on interpretation of Community law
to allow national courts to refer questions on validity of acts of Community institutions
to ensure uniform interpretation of Community law
relatedConcept principle of direct effect
principle of supremacy of Community law
replacedBy Article 234 EC Treaty NERFINISHED
Article 267 Treaty on the Functioning of the European Union NERFINISHED
subjectMatter interpretation of statutes of bodies established by the Council
interpretation of the Treaty
validity and interpretation of acts of the institutions of the Community
successorProvision Article 234 EC Treaty NERFINISHED
Article 267 TFEU
typeOfRemedy indirect judicial review of Community acts

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Costa v ENEL articleInterpreted Article 177 EEC Treaty
Van Gend en Loos procedureArticle Article 177 EEC Treaty