Keywords
Summary

Keywords

1 . REFERENCES FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY , ART . 177 )

2 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - CONCEPT

( EEC TREATY , ART . 30 )

3 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - STATE MONOPOLIES OF A COMMERCIAL CHARACTER - RAW MATERIAL ORIGINATING IN OR COMING FROM ANOTHER MEMBER STATE - DISTILLATION FOR THE PURPOSE OF MAKING PRODUCTS RESERVED FOR THE MONOPOLY - PROHIBITION - EXEMPTION OF RAW MATERIAL OF NATIONAL ORIGIN - UNLAWFULNESS

( EEC TREATY , ARTS . 9 , 10 , 30 AND 37 )

Summary

1 . ALTHOUGH THE COURT HAS NO JURISDICTION UNDER ARTICLE 177 OF THE TREATY TO RULE ON THE COMPATIBILITY OF A NATIONAL PROVISION WITH COMMUNITY LAW , IT MAY NEVERTHELESS , HAVING REGARD TO THE PARTICULARS SUPPLIED BY THE NATIONAL COURT , EXTRACT FROM THE WORDING OF THE QUESTION THE FACTORS RELATING TO THE INTERPRETATION OF COMMUNITY LAW .

2 . IN PROHIBITING BETWEEN MEMBER STATES MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON IMPORTS ARTICLE 30 OF THE TREATY COVERS ALL TRADING RULES OF MEMBER STATES WHICH ARE CAPABLE OF HINDERING , DIRECTLY OR INDIRECTLY , ACTUALLY OR POTENTIALLY , INTRA-COMMUNITY TRADE .

3 . A NATIONAL PROVISION PROHIBITING THE DISTILLATION , FOR THE PURPOSE OF MANUFACTURING PRODUCTS RESERVED TO A NATIONAL COMMERCIAL MONOPOLY , OF RAW MATERIALS COMING FROM OTHER MEMBER STATES CONSTITUTES A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION WITHIN THE MEANING OF ARTICLE 30 OF THE TREATY AND A DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED WITHIN THE MEANING OF ARTICLE 37 ( 1 ) OF THE TREATY , WHERE THE PROHIBITION DOES NOT APPLY TO IDENTICAL RAW MATERIALS PRODUCED WITHIN THE NATIONAL TERRITORY .

THERE ARE NO GROUNDS FOR DRAWING A DISTINCTION BETWEEN PRODUCTS DULY PUT INTO FREE CIRCULATION IN ANOTHER MEMBER STATE AFTER HAVING BEEN IMPORTED FROM A THIRD COUNTRY AND PRODUCTS ORIGINATING IN THAT MEMBER STATE .