Keywords
Summary

Keywords

1 . COMMON CUSTOMS TARIFF - IMPORTATION FREE OF CUSTOMS DUTIES - OBJECTS OF SCIENTIFIC VALUE - COMMISSION DECISION REFUSING TO ALLOW THE IMPORTATION OF A SCIENTIFIC APPARATUS FREE OF CUSTOMS DUTIES - REVIEW BY THE COURT - LIMITS

( COMMISSION REGULATION NO 2784/79 , ART . 7 ( 6 ))

2 . COMMON CUSTOMS TARIFF - IMPORTATION FREE OF CUSTOMS DUTIES - OBJECTS OF SCIENTIFIC VALUE - WHETHER THE IMPORTED PRODUCT AND OTHER INSTRUMENTS MADE IN THE COMMUNITY ARE EQUIVALENT - ASSESSMENT - CRITERIA

( COUNCIL REGULATION NO 1798/75 , ART . 3 ( 3 ), AS AMENDED BY REGULATION NO 1027/79 )

3 . MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF REASONS - DUTY - SCOPE AND LIMITS - COMMISSION DECISION REFUSING TO ALLOW THE IMPORTATION OF A SCIENTIFIC APPARATUS FREE OF CUSTOMS DUTIES

( EEC TREATY , ART . 190 )

Summary

1 . IN AN AREA AS TECHNICAL AS THAT OF THE EQUIVALENCE OF A SCIENTIFIC APPARATUS MADE IN THE COMMUNITY AND AN IMPORTED APPARATUS THE COURT CANNOT , SAVE IN THE EVENT OF MANIFEST ERROR OF FACT OR LAW OR MISUSE OF POWER , FIND FAULT WITH THE CONTENTS OF A DECISION ADOPTED BY THE COMMISSION UNDER ARTICLE 7 ( 6 ) OF REGULATION NO 2784/79 IN CONFORMITY WITH THE OPINION OF THE COMMITTEE ON DUTY-FREE ARRANGEMENTS , REFUSING TO ALLOW THE IMPORTATION OF A SCIENTIFIC APPARATUS FREE OF CUSTOMS DUTIES .

2.FOR THE PURPOSE OF THE IMPORTATION FREE OF CUSTOMS DUTIES OF A SCIENTIFIC APPARATUS THE QUESTION WHETHER THE APPARATUS IN QUESTION AND SIMILAR APPARATUS MADE IN THE COMMUNITY ARE EQUIVALENT MUST NOT BE DECIDED SOLELY ON THE BASIS OF THE TECHNICAL SPECIFICATIONS WHICH THE USER DESCRIBED IN HIS APPLICATION AS BEING NECESSARY FOR HIS RESEARCH BUT PRIMARILY ON THE BASIS OF AN OBJECTIVE ASSESSMENT OF THEIR CAPACITY TO CARRY OUT THE EXPERIMENTS FOR WHICH THE USER INTENDED TO USE THE IMPORTED APPARATUS .

3.ALTHOUGH IT IS TRUE THAT THE STATEMENT OF GROUNDS REQUIRED BY ARTICLE 190 OF THE TREATY MUST DISCLOSE IN A CLEAR AND UNEQUIVOCAL FASHION THE REASONING FOLLOWED BY THE COMMUNITY AUTHORITY WHICH ADOPTED THE MEASURE IN QUESTION IN SUCH A WAY AS TO MAKE THE PERSONS CONCERNED AWARE OF THE REASONS FOR THE MEASURE AND THUS ENABLE THEM TO DEFEND THEIR RIGHTS , AND TO ENABLE THE COURT TO EXERCISE ITS SUPERVISORY JURISDICTION , THE AUTHORITY IS NOT REQUIRED TO GIVE DETAILS OF ALL RELEVANT FACTUAL AND LEGAL ASPECTS . THE QUESTION WHETHER THE STATEMENT OF THE GROUNDS FOR A DECISION MEETS THOSE REQUIREMENTS MUST BE ASSESSED WITH REGARD NOT ONLY TO ITS WORDING BUT ALSO TO ITS CONTEXT AND TO ALL THE LEGAL RULES GOVERNING THE MATTER IN QUESTION .

HOWEVER LACONIC ITS STATEMENT OF REASONS MAY BE , A COMMISSION DECISION REFUSING TO ALLOW THE IMPORTATION OF A SCIENTIFIC APPARATUS FREE OF CUSTOMS DUTIES THEREFORE SATISFIES THE REQUIREMENTS LAID DOWN BY ARTICLE 190 OF THE TREATY IF IT IS ADDRESSED TO THE MEMBER STATES WHICH TOOK PART IN THE MEETINGS OF THE GROUP OF EXPERTS WITHIN THE FRAMEWORK OF THE COMMITTEE ON DUTY-FREE ARRANGEMENTS AND CONTAINS ELEMENTS WHICH ARE INDISPENSABLE FOR THE PURPOSE OF ENABLING THOSE CONCERNED BY IT TO DISCOVER ANY IRREGULARITIES WHICH MAY CAST DOUBT ON ITS VALIDITY .