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Since the Court, when answering a preliminary reference, does not have competence to decide whether a national provision is compatible with Community law, the Court rephrased the question.
Interpretation of Community Law; Article 177; Power of a national court to consider of its own motion whether national law is compatible with Community law.
The Ministry does not deny that the refusal to issue the export license constitutes a quantitative restriction on exports but argues that it was justified under Article 36 and, consequently, was compatible with Community law.
It could in fact be argued that, by making it possible for Member States to negotiate and conclude agreements with third countries that are compatible with Community law, the range of operation of Community law is extended to countries outside the European Union.
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Tuesday's court of appeal ruling found that the Digital Economy Act is legal and compatible with European law.
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