34It would be otherwise only in cases where either it appears that the procedure of Article 234 EC has been misused and been resorted to, in fact, in order to elicit a ruling from the Court in the absence of a real dispute or it is obvious that the provisions of Community law submitted for the interpretation of the Court cannot apply, either directly or indirectly, to the circumstances of the case (see, to that effect, Gmurzynska-Bscher, paragraph 23, and Case C-130/95 Giloy [1997] ECR I-4291, paragraph 22).
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