61975CJ0021_EN
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Parties
IN CASE 21/75
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE VERWALTUNGSGERICHT KOELN FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN :
FIRMA I . SCHROEDER KG, HAMBURG,
AND
OBERSTADTDIREKTOR ( CHIEF ADMINISTRATIVE OFFICER ) OF THE CITY OF COLOGNE, AND THE CITY OF COLOGNE,
Subject of the case
ON THE INTERPRETATION OF ARTICLE 17 OF REGULATION NO 121/67/EEC OF THE COUNCIL OF 13 JUNE 1967 ( OJ ENGLISH SPECIAL EDITION 1967, P . 52 ) AND OF ARTICLE 20 OF REGULATION ( EEC ) NO 805/68 OF THE COUNCIL OF 27 JUNE 1968 ( OJ ENGLISH SPECIAL EDITION 1968, P . 187 ),
Grounds
1 BY ORDER OF 21 NOVEMBER 1974 WHICH WAS RECEIVED AT THE COURT REGISTRY ON 12 FEBRUARY 1975, THE VERWALTUNGSGERICHT KOELN REFERRED TO THE COURT A QUESTION ON THE INTERPRETATION OF ARTICLE 17 OF REGULATION NO 121/67 OF THE COUNCIL OF 13 JUNE 1967 ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT ( OJ ENGLISH SPECIAL EDITION 1967, P . 46 ) AND OF ARTICLE 20 OF REGULATION NO 805/68 OF THE COUNCIL OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL ( OJ ENGLISH SPECIAL EDITION 1968 ( I ) P . 187 ).
THIS QUESTION ASKS WHETHER THE PROHIBITION ON 'ANY CUSTOMS DUTY OR CHARGE HAVING EQUIVALENT EFFECT' WITHIN THE MEANING OF ARTICLE 17 ( 2 ) OF REGULATION NO 121/67 AND THE PROHIBITION OF 'ANY CHARGE HAVING EFFECT EQUIVALENT TO A CUSTOMS DUTY' WITHIN THE MEANING OF ARTICLE 20 ( 2 ) OF REGULATION NO 805/68 ALSO INCLUDES FEES CHARGED FOR PUBLIC AND VETERINARY HEALTH INSPECTION OF IMPORTED MEAT UNDER PARAGRAPH 23 OF THE LAW ON THE INSPECTION OF MEAT OF 29 OCTOBER 1940 ( RGB1 . I, P . 1463 ) IN THE VERSION OF 23 JUNE 1970 READ IN CONJUNCTION WITH THE REGULATION ON CHARGES FOR PUBLIC AND VETERINARY HEALTH INSPECTION OF IMPORTED MEAT OF 29 FEBRUARY 1972 ( BGB1 . I, P . 265 ).
THE NATIONAL COURT IS OF THE OPINION THAT 'UNDER ARTICLES 9 AND 13 OF THE EEC TREATY IT IS ONLY PROHIBITED FOR MEMBER STATES OF THE COMMUNITY TO LEVY BETWEEN ONE ANOTHER CUSTOMS DUTIES ON IMPORTS AND EXPORTS AND ALL CHARGES HAVING EQUIVALENT EFFECT '.
2 THIS QUESTION WAS RAISED IN THE CONTEXT OF AN ACTION AGAINST THE CITY OF COLOGNE BROUGHT BY THE PLAINTIFF IN THE MAIN ACTION BEFORE THE ADMINISTRATIVE COURT TO RECOVER CHARGES PAID FOR PUBLIC AND VETERINARY HEALTH INSPECTIONS MADE UNDER THE PROVISIONS APPLICABLE WHEN CONSIGNMENTS OF PRESERVED MEAT FROM HUNGARY WERE IMPORTED .
3 IN THE PRESENT STATE OF THE LAW THERE IS NOTHING WHICH COULD JUSTIFY DIFFERENT INTERPRETATIONS OF THE EXPRESSION 'CHARGE HAVING EQUIVALENT EFFECT' AS IT APPEARS IN ARTICLE 9 ET SEQ . OF THE TREATY ON THE ONE HAND AND IN ARTICLE 17 ( 2 ) OF REGULATION NO 121/67 AND ARTICLE 20 ( 2 ) OF REGULATION NO 805/68 ON THE OTHER .
THE CONCEPT OF 'CHARGES HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY' ON IMPORTS INTO THE COMMUNITY INCLUDES ANY CHARGE, LEVIED ON THE OCCASION OR BY REASON OF IMPORTATION, WHICH IS SPECIFICALLY IMPOSED ON AN IMPORTED PRODUCT TO THE EXCLUSION OF A SIMILAR COMMUNITY PRODUCT AND WHICH HAS THE SAME RESTRICTIVE EFFECT ON THE FREE MOVEMENT OF GOODS AS A CUSTOMS DUTY .
4 CONSEQUENTLY, PECUNIARY CHARGES OF WHATEVER AMOUNT LEVIED FOR PUBLIC AND VETERINARY HEALTH INSPECTION OF PRODUCTS IMPORTED FROM THIRD COUNTRIES WHICH ARE DETERMINED ACCORDING TO THEIR OWN PARTICULAR CRITERIA AND WHICH ARE NOT COMPARABLE TO THOSE USED TO FIX ANY PECUNIARY CHARGES WHICH MIGHT BE LEVIED ON SIMILAR COMMUNITY PRODUCTS MUST BE CONSIDERED AS CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES .
Decision on costs
5 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES WHICH HAS SUBMITTED ITS OBSERVATIONS TO THE COURT ARE NOT RECOVERABLE AND AS THE PROCEEDINGS ARE, SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE VERWALTUNGSGERICHT KOELN IN ACCORDANCE WITH THE ORDER MADE BY THAT COURT ON 21 NOVEMBER 1974 HEREBY RULES :
PECUNIARY CHARGES OF WHATEVER AMOUNT LEVIED FOR PUBLIC AND VETERINARY HEALTH INSPECTION OF PRODUCTS IMPORTED FROM THIRD COUNTRIES WHICH ARE DETERMINED ACCORDING TO THEIR OWN PARTICULAR CRITERIA AND WHICH ARE NOT COMPARABLE TO THOSE USED TO FIX ANY PECUNIARY CHARGES WHICH MIGHT BE LEVIED ON COMMUNITY PRODUCTS MUST BE CONSIDERED AS CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES .