Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
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Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):
61968J0007
Název:
Title:
JUDGMENT OF THE COURT OF 10 DECEMBER 1968. COMMISSION OF THE EUROPEAN COMMUNITIES V ITALIAN REPUBLIC. CASE 7-68.
Publikace:
Publication:
REPORTS OF CASES 1968 PAGES 0423 DANISH EDITION....: 1968 PAGES 0541
Předmět (klíčová slova):
Keywords
FREE MOVEMENT OF GOODS;CUSTOMS UNION;CHARGES HAVING AN EQUIVALENT EFFECT;QUANTITATIVE RESTRICTIONS;
Související předpisy:
Corresponding acts:
157E016
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:
Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. IT IS FOR THE COMMISSION, UNDER ARTICLE 169 OF THE TREATY, TO JUDGE AT WHAT TIME IT SHALL BRING AN ACTION BEFORE THE COURT; AND THE CONSIDERATIONS WHICH DETERMINE ITS CHOICE OF TIME CANNOT AFFECT THE ADMISSIBILITY OF THE ACTION, WHICH FOLLOWS ONLY OBJECTIVE RULES.

2. BY GOODS, WITHIN THE MEANING OF ARTICLE 9 OF THE EEC TREATY, THERE MUST BE UNDERSTOOD PRODUCTS WHICH CAN BE VALUED IN MONEY AND WHICH ARE CAPABLE, AS SUCH, OF FORMING THE SUBJECT OF COMMERCIAL TRANSACTIONS. THE RULES OF THE COMMON MARKET APPLY TO ARTICLES POSSESSING ARTISTIC OR HISTORIC VALUE SUBJECT ONLY TO THE EXCEPTIONS EXPRESSLY PROVIDED BY THE TREATY.

3. ANY CHARGE WHICH, BY ALTERING THE PRICE OF AN ARTICLE EXPORTED, HAS THE SAME RESTRICTIVE EFFECT ON THE FREE CIRCULATION OF THAT ARTICLE AS A CUSTOMS DUTY IS DEEMED TO BE A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY WITHIN THE MEANING OF ARTICLE 16 OF THE EEC TREATY. A TAX LEVIED ON THE EXPORTATION OF ARTICLES POSSESSING ARTISTIC OR HISTORIC VALUE FALLS WITHIN THE PROHIBITION CONTAINED IN ARTICLE 16 BY REASON OF THE FACT THAT EXPORT TRADE IN THE GOODS IN QUESTION IS HINDERED BY THE PECUNIARY BURDEN WHICH IT IMPOSES ON THE PRICE OF THE EXPORTED ARTICLES.

4. THE PROHIBITIONS OR RESTRICTIONS ON IMPORTS AND EXPORTS REFERRED TO IN ARTICLE 36 OF THE EEC TREATY ARE BY NATURE CLEARLY DISTINGUISHED FROM CUSTOMS DUTIES AND ASSIMILATED CHARGES WHEREBY THE ECONOMIC CONDITIONS OF IMPORTATION OR EXPORTATION ARE AFFECTED WITHOUT RESTRICTING THE FREEDOM OF DECISION OF THOSE INVOLVED IN COMMERCIAL TRANSACTIONS. BECAUSE SUCH MEASURES CONSTITUTE AN EXCEPTION TO THE FUNDAMENTAL PRINCIPLE OF THE ELIMINATION OF ALL OBSTACLES TO THE FREE MOVEMENT OF GOODS BETWEEN MEMBER STATES, THEY MUST BE STRICTLY CONSTRUED.

5. THE PROHIBITIONS AND RESTRICTIONS REFERRED TO IN ARTICLE 36 OF THE EEC TREATY CANNOT JUSTIFY THE RETENTION OF MEASURES, SUCH AS CUSTOMS DUTIES OR CHARGES HAVING EQUIVALENT EFFECT, WHICH FALL OUTSIDE THE SCOPE OF THE PROHIBITIONS REFERRED TO IN THE CHAPTER RELATING TO THE ELIMINATION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES. IN ORDER TO AVAIL THEMSELVES OF ARTICLE 36, MEMBER STATES MUST OBSERVE THE LIMITATIONS IMPOSED BY THAT PROVISION BOTH AS REGARDS THE OBJECTIVE TO BE OBTAINED AND AS REGARDS THE NATURE OF THE MEANS USED TO ATTAIN IT. THE LEVY OF A TAX ON THE EXPORTATION OF GOODS POSSESSING ARTISTIC OR HISTORIC VALUE IS INCOMPATIBLE WITH THE PROVISIONS OF THE TREATY.

Plný text judikátu (Entire text of the Judgment):