25The Commission is in doubt as to whether the reference for a preliminary ruling is admissible as a whole and, in particular, with regard to the second and the fourth to the seventh questions, as well as the additional question under the third question. It appears that the parties to the main proceedings agree on the existence of the right in question and that they wish to use the preliminary ruling procedure to obtain a decision from the Court on, first, the compatibility of the national provisions transposing Directive 94/62 and, second, the operation of the ARA system. However, the Court cannot give a ruling on a fictitious dispute (Case 104/79 Foglia [1980] ECR 745, paragraph 11). Moreover, the order for reference does not contain sufficient information on the factual and legal context of the questions referred to the Court.
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