55It follows that, where the national court finds that, owing to irregularities in the conduct of the examination of the notification by the competent national authority provided for in Article 12(1) of Directive 90/220, it was not proper for that authority to forward the dossier with a favourable opinion to the Commission as provided for in paragraph 2 of that provision, that court must refer the matter to the Court of Justice for a preliminary ruling if it considers that those irregularities are such as to affect the validity of the Commission's favourable decision, setting out the reasons for which it believes that the decision must be held to be invalid and, if necessary, ordering suspension of application of the measures for implementing that decision until the Court of Justice has ruled on the question of validity (see, to this effect, the judgment in Joined Cases C-143/88 and C-92/89 Zuckerfabrik Süderdithmarsch en and Zuckerfabrik Soest [1991] ECR I-415, paragraph 24).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.