39That risk could be avoided in several ways. First, if national courts consider the Commission decision to be factually incorrect, they can stay the proceedings and invite the Commission to reconsider the decision. Second, they can refer the validity of the Commission decision to the Court of Justice pursuant to Article 177 of the Treaty. Third, where the Commission decision is being challenged before the Court of First Instance, the national court can stay its own proceedings pending the judgment. It is incumbent on a national court to stay the proceedings in any case where there is a risk that the decision contemplated by it might conflict with an existing or future decision of a Community institution (Case 23/67 Brasserie de Haecht [1967] ECR 407; BRT I; Delimitis; and Case C-250/92 Gøttrup-Klim v Dansk Lanbrugs Grovvareselskab [1994] ECR I-5641). Fourth, since not every risk of conflict will justify national courts delaying their proceedings, a national court must assess the materiality of the risk to the proceedings in issue when it decides upon the course of action to be taken. In addition, if it decides to stay the proceedings, the national court must consider whether to prescribe interim measures.
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