Keywords
Summary

Keywords

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1. Actions against Member States for failure to fulfil obligations ° Reasoned opinion ° Application originating proceedings ° Same arguments and pleas in law

(EEC Treaty, Art. 169)

2. Common Customs Tariff ° Temporary importation with relief from duties ° Travellers' personal effects ° Competence of the Member States to impose penalties for offences ° Limits ° Compliance with the principle of proportionality

(Council Regulation No 3599/82, Arts 2(2) and 19)

3. Actions against Member States for failure to fulfil obligations ° Evidence of the infringement ° Burden on the Commission

(EEC Treaty, Art. 169)

Summary

1. An application brought under Article 169 of the Treaty can be based only on the arguments and pleas in law already set out in the reasoned opinion.

2. In the absence of harmonization of Community legislation in the field of offences committed in the context of the Community temporary importation arrangements for travellers' personal effects, the Member States are competent to adopt such penalties as appear to them to be appropriate. When making use of that competence they are, however, required to comply with Community law and its general principles, and consequently, the principle of proportionality. In that respect, the administrative measures or penalties must not go beyond what is strictly necessary for the objectives pursued and the control procedures must not be accompanied by a penalty which is so disproportionate to the gravity of the infringement that it becomes an obstacle to the freedoms enshrined in the Treaty.

3. Where, in proceedings based on Article 169 of the Treaty, the Commission requests the Court to declare that a Member State has failed to fulfil its obligations under the Treaty, it is for the Commission itself to adduce evidence of the alleged infringement.