SHOULD COME FROM A MEMBER STATE OF THE COMMUNITY , WAS NOT FULFILLED .
9 THE TRIBUNALE DI BRESCIA DISMISSED MR FIORAVANTI ' S OBJECTION AND HE THEREFORE APPEALED TO THE CORTE D ' APPELLO , BRESCIA , WHICH SUBMITTED THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING :
' ' 1 . WITH PARTICULAR REFERENCE TO ARTICLES 1 AND 5 OF THE AGREEMENT BETWEEN THE EEC AND THE SWISS CONFEDERATION ON THE APPLICATION OF THE RULES ON COMMUNITY TRANSIT CONTAINED IN REGULATION ( EEC ) NO 2812/72 OF THE COUNCIL AND TO OTHER SPECIFIC PROVISIONS OF THOSE RULES , MUST A TRANSIT OPERATION INVOLVING GOODS WHICH , AFTER BEING DISPATCHED FROM BELGIUM ( CUSTOMS OFFICE AT MONTZEN ) TO A SPECIFIC CONSIGNEE AT THE FREE PORT OF GENEVA ( LA PRAILLE ), SWITZERLAND , ARE RE-CONSIGNED BY THAT PERSON , THROUGH THE CUSTOMS OFFICE OF THAT FREE PORT , TO ANOTHER CONSIGNEE IN THE CITY OF CREMONA ( ITALY ) AND DEFINITIVELY IMPORTED THERE , BE REGARDED AS COMMUNITY TRANSIT?
2.IN THE CIRCUMSTANCES UNDER CONSIDERATION , WAS IT LAWFUL FOR THE SWISS CUSTOMS AUTHORITIES TO ISSUE CIM INTERNATIONAL CONSIGNMENT NOTES CONTAINING REFERENCES TO THE CONSIGNMENT NOTES RELATING TO THE PREVIOUS PHASE OF THE CARRIAGE AND TO MARK THEM WITH THE SYMBOL T2 INDICATING INTERNAL COMMUNITY TRANSIT , ON THE BASIS OF THE ASSERTION ( FOR WHICH THERE IS NO PROOF INASMUCH AS COPY NO 3 OF THOSE DOCUMENTS IS PRESUMED LOST ) THAT THE EARLIER CONSIGNMENT NOTES WERE NOT MARKED WITH ANY SYMBOL AND THEREFORE DID NOT BEAR THE SYMBOL T1 , IN THE ABSENCE OF WHICH THE COMMUNITY TRANSIT OPERATION HAD TO BE TREATED AS INTERNAL AND NOT EXTERNAL , THAT IS TO SAY RELATING TO GOODS WHICH DID NOT COME FROM COUNTRIES OUTSIDE THE COMMUNITY?
3.IN THE CASE OF GOODS WHICH IN FACT CAME FROM OUTSIDE THE COMMUNITY ( IN THIS CASE FROM AUSTRALIA ) AND WERE IMPORTED INTO BELGIUM TEMPORARILY AND THEREFORE WITHOUT THE PAYMENT OF ANY CUSTOMS DUTY IN BELGIUM , THE MEMBER STATE OF THE COMMUNITY IN WHICH THE TRANSIT IN QUESTION BEGAN , DOES THAT TRANSIT OPERATION , WHICH WAS CARRIED OUT ON THE BASIS OF DOCUMENTS PERMITTING INTERNAL COMMUNITY TRANSIT , GIVE RISE TO LIABILITY ON THE PART OF THE COUNTRY ( AND OF THE TRADERS ) FROM WHICH THE GOODS WERE CONSIGNED ( BELGIUM ) OR ON THE PART OF THE COUNTRY FROM WHICH THEY WERE SUBSEQUENTLY RE-CONSIGNED ( SWITZERLAND ) AND NOT ON THE PART OF THE COUNTRY ( ITALY ) WHERE THE GOODS WERE DEFINITIVELY IMPORTED ON THE BASIS OF DOCUMENTS WHICH WERE FORMALLY VALID?
4.SINCE ARTICLE 36 ( 1 ) OF REGULATION ( EEC ) NO 542/69 PROVIDES THAT ' WHEN IT IS FOUND THAT , IN THE COURSE OF A COMMUNITY TRANSIT OPERATION , AN OFFENCE OR IRREGULARITY HAS BEEN COMMITTED IN A PARTICULAR MEMBER STATE , THE RECOVERY OF DUTIES OR OTHER CHARGES WHICH MAY BE CHARGEABLE SHALL BE EFFECTED BY THAT