49The fact that in its judgment of 12 February 1987, Commission v Belgium (221/85, EU:C:1987:81), on the action brought by the Commission for failure to fulfil obligations, the Court assessed the observance by the Kingdom of Belgium of one of the fundamental freedoms laid down by the EEC Treaty cannot in itself allow the conclusion that that freedom may be relied on by an individual in a case such as that in the main proceedings, confined in all respects within a single Member State. While the bringing of an action for failure to fulfil obligations means that the Court ascertains whether the national measure challenged by the Commission is, in general, capable of deterring operators from other Member States from making use of the freedom in question, the Court’s function in proceedings for a preliminary ruling is, by contrast, to help the referring court to resolve the specific dispute pending before that court, which presupposes that that freedom is shown to be applicable to that dispute.
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