Keywords
Summary

Keywords

++++

1. Preliminary rulings ° Jurisdiction of the Court ° Acts adopted by the institutions ° Agreements of the Community ° Convention on a Common EEC/EFTA Transit Procedure ° Arrangements adopted by the Joint Committee established by the Convention ° No binding effect ° Not relevant

(EEC Treaty, Art. 177, first para., subpara. (b))

2. International agreements ° Convention on a Common EEC/EFTA Transit Procedure ° Identification of goods ° Methods

(Convention on a Common EEC/EFTA Transit Procedure)

3. International agreements ° Convention on a Common EEC/EFTA Transit Procedure ° Identification of goods ° Methods ° Derogations ° Competent authority

(Convention on a Common EEC/EFTA Transit Procedure)

4. Preliminary rulings ° Jurisdiction of the Court ° Limits

(EEC Treaty, Art. 177)

Summary

1. The arrangements adopted for the application of the Convention on a Common EEC/EFTA Transit Procedure by the Joint Committee established under that Convention are, because of their direct link to the Convention, part of the Community legal order, so that the Court has jurisdiction to give a preliminary ruling on their interpretation.

The fact that such arrangements do not have binding effect does not preclude the Court from ruling on their interpretation. Although they cannot confer upon individuals rights which are enforceable before national courts, the national courts are nevertheless obliged to take them into consideration in order to resolve disputes submitted to them, especially when they are of relevance in interpreting the provisions of the Convention.

2. Articles 11(4) and 15(2) of the Convention on a Common EEC/EFTA Transit Procedure do not preclude the Joint Committee established by that Convention from adopting a recommendation that the identification of goods is to be ensured by sealing when the customs office of entry into the EFTA Member State is not the office of destination.

3. Article 11(4) and Article 15(2)(b) of the Convention on a Common EEC/EFTA Transit Procedure, read in conjunction with Article 65(d) of Appendix II to the Convention, do not preclude a higher customs authority of a Member State from establishing the general framework within which the authority conferred upon the office of departure to dispense with the sealing obligation is to be exercised.

4. In the context of proceedings brought under Article 177 of the Treaty the Court does not have jurisdiction to rule on the compatibility of a national measure with Community law.