Judgment_paragraph 23 · Krystyna Gmurzynska-Bscher v Oberfinanzdirektion Köln (C-231/89)

23It would be otherwise only in cases where either it appears that the procedure of Article 177 of the Treaty has been misused and been resorted to, in fact, in order to elicit a ruling from the Court by means of a spurious dispute or it is obvious that the provisions of Community law submitted for the interpretation of the Court cannot apply.

Krystyna Gmurzynska-Bscher v Oberfinanzdirektion Köln (C-231/89)

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