Judge from Foglia 1 asked the ECJ whether its decision not to give a ruling in that case was consistent with the principle that it was for national judge to determine the facts and the need for a reference. ECJ held that to confirm its own jurisdiction
ECJ: Says art 234 is concerned with the division of duties between the national courts and ECJ in a cooperative manner (platitudes, given the conclusion). National courts need to explain why a reference is ‘necessary’ for it to give judgment. ECJ doesn’t deliver advisory or hypothetical rulings, and therefore has no jurisdiction to answer a question where there is no real dispute.