Keywords

Summary



Keywords

1 . PRELIMINARY QUESTIONS - ASSESSMENT OF VALIDITY - COMMISSION DECISION DECLARING THAT GOODS MAY NOT BE IMPORTED FREE OF COMMON CUSTOMS TARIFF DUTIES - SUBSEQUENT REJECTION BY THE NATIONAL AUTHORITY OF THE APPLICATION FOR DUTY-FREE ADMISSION - OBJECTION ALLEGING THE ILLEGALITY OF THE COMMISSION DECISION RAISED IN PROCEEDINGS BEFORE THE NATIONAL COURTS BROUGHT AGAINST THE DECISION TO REJECT THE APPLICATION - FAILURE TO BRING AN ACTION FOR ANNULMENT UNDER THE SECOND PARAGRAPH OF ART . 173 OF THE TREATY AGAINST THE COMMISSION DECISION - NO EFFECT ON THE ADMISSIBILITY OF THE OBJECTION OF ILLEGALITY

( EEC TREATY , SECOND PARA . OF ART . 173 , ARTS 177 AND 184 ; REGULATION NO 3195/75 OF THE COMMISSION , ART . 4 ( 6 ))

2 . PRELIMINARY QUESTIONS - ASSESSMENT OF VALIDITY - REVIEW BY THE COURT - LIMITS - COMMISSION DECISION DECLARING THAT GOODS MAY NOT BE IMPORTED FREE OF COMMON CUSTOMS TARIFF DUTIES - OBJECTS OF SCIENTIFIC VALUE - CONFORMITY OF THE DECISION WITH THE OPINION OF THE COMMITTEE ON DUTY-FREE ARRANGEMENTS ON THE QUESTION WHETHER THE IMPORTED INSTRUMENT AND OTHER INSTRUMENTS MADE IN THE COMMUNITY ARE EQUIVALENT - REVIEW BY THE COURT LIMITED TO MANIFEST ERROR AND MISUSE OF POWER

( REGULATION NO 3195/75 OF THE COMMISSION , ART . 4 )

3 . COMMON CUSTOMS TARIFF - IMPORTATION FREE OF CUSTOMS DUTIES - OBJECTS OF SCIENTIFIC VALUE - WHETHER THE IMPORTED PRODUCT AND OTHER INSTRUMENTS MADE IN THE COMMUNITY ARE EQUIVALENT - ASSESSMENT - CRITERIA

( REGULATION NO 1798/75 OF THE COUNCIL , ART . 3 ( 3 ))

Summary

1 . THE PERSON OR PERSONS CONCERNED BY A DECISION ADOPTED BY THE COMMISSION PURSUANT TO ARTICLE 4 ( 6 ) OF REGULATION NO 3195/75 REFUSING TO ALLOW THE IMPORTATION OF A SCIENTIFIC INSTRUMENT OR APPARATUS FREE OF CUSTOMS DUTIES WHO HAVE NOT BROUGHT AN ACTION UNDER THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY AGAINST THAT DECISION MAY PLEAD THE ILLEGALITY OF SUCH A DECISION BEFORE THE NATIONAL COURT IN PROCEEDINGS AGAINST THE FIXING OF CUSTOMS DUTY BY THE COMPETENT NATIONAL AUTHORITIES AND THE QUESTION OF THE VALIDITY OF THE DECISION AT ISSUE MAY THEREFORE BE REFERRED TO THE COURT IN PROCEEDINGS FOR A PRELIMINARY RULING .

THE NATIONAL AUTHORITY ' S REFUSAL , BASED ON THE COMMISSION ' S DECISION , TO GRANT THE APPLICANT DUTY-FREE ADMISSION IS IN FACT THE ONLY MEASURE WHICH IS DIRECTLY ADDRESSED TO IT , OF WHICH IT HAS NECESSARILY BEEN INFORMED IN GOOD TIME AND WHICH THE APPLICANT MAY CHALLENGE IN THE COURTS WITHOUT ENCOUNTERING ANY DIFFICULTY IN DEMONSTRATING ITS INTEREST IN BRINGING PROCEEDINGS . ACCORDING TO A GENERAL PRINCIPLE OF LAW WHICH FINDS ITS EXPRESSION IN ARTICLE 184 OF THE EEC TREATY , IN PROCEEDINGS BROUGHT UNDER NATIONAL LAW AGAINST THE REJECTION OF HIS APPLICATION THE APPLICANT MUST BE ABLE TO PLEAD THE ILLEGALITY OF THE COMMISSION ' S DECISION .

2.GIVEN THE TECHNICAL CHARACTER OF THE EXAMINATION CARRIED OUT UNDER ARTICLE 4 OF REGULATION NO 3195/75 BY EXPERTS FROM ALL THE MEMBER STATES MEETING IN THE COMMITTEE ON DUTY-FREE ARRANGEMENTS AND HAVING AS ITS OBJECT THE ADMISSION FREE OF CUSTOMS DUTIES OF A SCIENTIFIC INSTRUMENT OR APPARATUS , THE COURT CANNOT , SAVE IN THE EVENT OF MANIFEST ERROR OF FACT OR LAW OR MISUSE OF POWER , FIND FAULT WITH THE CONTENTS OF A DECISION WHICH THE COMMISSION HAS ADOPTED IN CONFORMITY WITH THAT COMMITTEE ' S OPINION .

3.FOR THE PURPOSES OF THE ADMISSION OF A SCIENTIFIC INSTRUMENT OR APPARATUS FREE OF CUSTOMS DUTIES THE QUESTION WHETHER THE INSTRUMENT IN QUESTION AND OTHER SIMILAR INSTRUMENTS MADE IN THE COMMUNITY ARE EQUIVALENT MUST NOT BE DECIDED SOLELY ON THE BASIS OF THE TECHNICAL SPECIFICATIONS WHICH THE USER DESCRIBED IN HIS APPLICATION AS BEING NECESSARY FOR HIS RESEARCH BUT PRIMARILY ON THE BASIS OF AN OBJECTIVE ASSESSMENT OF THEIR CAPACITY TO CARRY OUT THE EXPERIMENTS FOR WHICH THE USER INTENDED TO USE THE IMPORTED INSTRUMENT .