Keywords

Summary



Keywords

1 . ACTION FOR DECLARATION OF NULLITY - NATURAL AND LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - COMMISSION DECISION DECLARING THAT THE IMPORTATION OF ARTICLES MAY NOT TAKE PLACE FREE OF COMMON CUSTOMS TARIFF DUTIES - DECISION NOTIFIED TO THE MEMBER STATES - DECISION OF INDIVIDUAL CONCERN TO THE IMPORTER - CONDITIONS

( EEC TREATY , ART . 173 , SECOND PARA .)

2 . MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF REASONS - DUTY - OBJECT - SCOPE

( EEC TREATY , ART . 190 )

3 . ACTION FOR DECLARATION OF NULLITY - REVIEW BY THE COURT - LIMITS - COMMISSION DECISION DECLARING THAT THE IMPORTATION OF ARTICLES MAY NOT TAKE PLACE FREE OF COMMON CUSTOMS TARIFF DUTIES - ARTICLES OF A SCIENTIFIC NATURE - REVIEW OF THE APPLICATION OF THE CRITERIA USED BY THE COMMISSION

( EEC TREATY , ART . 173 )

4 . COMMON CUSTOMS TARIFF - IMPORTATION FREE OF CUSTOMS DUTIES - ARTICLES OF A SCIENTIFIC NATURE - APPRAISAL OF THE MAIN USE OF THE APPARATUS IN QUESTION - CRITERIA

( COMMISSION REGULATION NO 2784/79 , ART . 5 )

Summary

1 . A DECISION , NOTIFIED TO ALL THE MEMBER STATES , BY WHICH THE COMMISSION DECLARES THAT THE IMPORTATION OF APPARATUS CANNOT TAKE PLACE FREE OF COMMON CUSTOMS TARIFF DUTIES IS OF INDIVIDUAL CONCERN , WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY , TO THE SOLE IMPORTER FOR A MEMBER STATE , WHICH IS THE WHOLLY-OWNED SUBSIDIARY OF THE UNDERTAKING THAT MANUFACTURES THE APPARATUS IN QUESTION AND WHICH SUBMITTED THE APPLICATION FOR IMPORTATION FREE OF DUTY . IN THOSE CIRCUMSTANCES , TO INSIST THAT THE ACTION TO HAVE THE DECISION DECLARED VOID MUST BE BROUGHT BEFORE THE COURT , NOT BY THE SOLE IMPORTER ALONE , BUT BY THE PARENT COMPANY , OR THAT THE SOLE IMPORTER MUST ACT JOINTLY WITH THE OTHER SUBSIDIARIES WHICH ARE IMPORTERS IN THE COMMUNITY , WOULD CONSTITUTE AN EXCESSIVE DEGREE OF FORMALISM , SINCE THE DECISION AT ISSUE IS NOT CONCERNED SOLELY WITH THE IMPORTATION OF THE APPARATUS IN QUESTION BUT WITH THE IMPORTATION OF ALL APPARATUS OF THE SAME TYPE INTO THE WHOLE OF THE COMMUNITY .

2 . BY IMPOSING UPON THE COMMISSION THE OBLIGATION TO STATE THE REASONS FOR ITS DECISIONS ARTICLE 190 OF THE TREATY IS NOT TAKING MERE FORMAL CONSIDERATIONS INTO ACCOUNT BUT SEEKS TO GIVE AN OPPORTUNITY TO THE PARTIES OF DEFENDING THEIR RIGHTS , TO THE COURT OF EXERCISING ITS POWER OF REVIEW , AND TO THE MEMBER STATES TO WHICH ITS DECISIONS ARE ADDRESSED AND TO ALL INTERESTED NATIONALS OF ASCERTAINING THE CIRCUMSTANCES IN WHICH THE COMMISSION HAS APPLIED THE TREATY .

THUS IT IS NOT SUFFICIENT THAT THE MEMBER STATES , AS ADDRESSEES OF A DECISION DECLARING THAT THE IMPORTATION OF APPARATUS CANNOT TAKE PLACE FREE OF COMMON CUSTOMS TARIFF DUTIES , ARE AWARE OF THE REASONS FOR THAT DECISION AS A RESULT OF THEIR PARTICIPATION IN THE PRELIMINARY PROCEDURE AND THAT AN IMPORTER , THE PERSON DIRECTLY AND INDIVIDUALLY CONCERNED , IS ABLE TO DEDUCE THESE REASONS BY COMPARING THE DECISION IN QUESTION WITH SIMILAR , EARLIER DECISIONS .

3 . ALTHOUGH , WITHIN THE FRAMEWORK OF AN ACTION TO HAVE DECLARED VOID A COMMISSION DECISION DECLARING THAT THE IMPORTATION OF APPARATUS CANNOT , BY REASON OF THE NON-SCIENTIFIC NATURE OF THE LATTER , TAKE PLACE FREE OF COMMON CUSTOMS TARIFF DUTIES , IT IS NOT FOR THE COURT TO FIND THAT THE APPARATUS IN QUESTION ARE OF A SCIENTIFIC NATURE , IT MUST ON THE OTHER HAND ASCERTAIN WHETHER THE CRITERIA APPLIED BY THE COMMISSION ARE IN ACCORDANCE WITH THE COMMUNITY RULES AND WHETHER IN APPLYING THOSE CRITERIA THE COMMISSION TOOK ACCOUNT OF THE OBJECTIVE CHARACTERISTICS OF THE PRODUCT REFERRED TO BY THE DECISION AT ISSUE .

4 . THE EXAMINATION , AS PRESCRIBED BY ARTICLE 5 OF REGULATION NO 2784/79 , OF THE GENERAL USES OF AN APPARATUS FOR WHICH AN APPLICATION FOR IMPORTATION FREE OF COMMON CUSTOM TARIFF DUTIES IS MADE , IN CASES WHERE IT IS NOT POSSIBLE TO ESTABLISH CLEARLY , ON THE BASIS OF THE OBJECTIVE TECHNICAL CHARACTERISTICS OF THE IMPORTED APPARATUS , WHETHER IT IS TO BE REGARDED AS A SCIENTIFIC INSTRUMENT OR APPARATUS , MUST COVER THE COMMUNITY AS A WHOLE AND NOT MERELY ONE MEMBER STATE . IN ADDITION , ACCORDING TO THAT ARTICLE , IT IS SUFFICIENT , IN ORDER TO ESTABLISH THE SCIENTIFIC NATURE OF THE EQUIPMENT , THAT THE EXAMINATION SHOULD SHOW ' ' THAT THE INSTRUMENT OR APPARATUS IN QUESTION IS USED MAINLY FOR SCIENTIFIC PURPOSES ' ' .