AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , COSTS ARE A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE PRESIDENT OF THE TRIBUNALE DI SALUZZO BY AN ORDER OF 15 APRIL 1977 , HEREBY RULES :
1 . FOR THE YEARS 1970 AND 1971 THE EXISTENCE OF THE COMMERCIAL AGREEMENT BETWEEN THE COMMUNITY AND SPAIN FORMED NO OBSTACLE TO THE APPLICATION TO IMPORTS OF TABLE GRAPES OF ARTICLE 115 OF THE TREATY .
2 . HAVING REGARD TO THE COMBINED PROVISIONS OF ARTICLE 1 OF REGULATION NO 2513/69 AND OF ARTICLES 1 AND 11 OF ANNEX I TO THE AGREEMENT BETWEEN THE EEC AND SPAIN , MEMBER STATES COULD CONTINUE TO APPLY TO TABLE GRAPES OF SPANISH ORIGIN DURING THE PART OF THE YEAR BETWEEN 1 JULY AND 31 DECEMBER QUANTITATIVE RESTRICTIONS IN EXISTENCE PRIOR TO REGULATION 2513/69 .
3 . ANY ADMINISTRATIVE OR PENAL MEASURES WHICH GOES BEYOND WHAT IS STRICTLY NECESSARY FOR THE PURPOSES OF ENABLING THE IMPORTING MEMBER STATE TO OBTAIN REASONABLY COMPLETE AND ACCURATE INFORMATION ON THE MOVEMENT OF GOODS FALLING WITHIN SPECIFIC MEASURES OF COMMERCIAL POLICY MUST BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION PROHIBITED BY THE TREATY . THE REQUIREMENT OF AN IMPORT LICENCE FOR THE INTRODUCTION INTO A MEMBER STATE OF GOODS PUT INTO FREE CIRCULATION IN ANOTHER MEMBER STATE IS INCOMPATIBLE WITH THE PROVISIONS OF THE TREATY IN SO FAR AS THE GOODS ARE NOT THE SUBJECT OF A DEROGATION PROPERLY AUTHORIZED BY THE COMMISSION BY VIRTUE OF THE SECOND SENTENCE OF THE FIRST PARAGRAPH OF ARTICLE 115 .
4 . THE RULES RELATING TO CONTROL OF THE QUALITY OF PRODUCTS CANNOT OF THEMSELVES JUSTIFY A REQUIREMENT TO PRODUCE DOCUMENTS CONCERNING THE ORIGIN OF PRODUCTS , ON CONDITION HOWEVER THAT WHEN AN INSPECTION IS CARRIED OUT THE INSPECTOR MAY REQUIRE PROOF THAT THE COMPULSORY DECLARATIONS ARE IN ACCORDANCE WITH THE FACTS .
5 . ARTICLE 8 OF REGULATION NO 158/66 SEEKS TO PENALIZE ANY INFRINGEMENT , WITHOUT DISTINCTION AS TO THE ORIGIN OF THE PRODUCT . NATIONAL MEASURES ENTAILING SUCH DISTINCTIONS MAY , WHERE APPROPRIATE , BE REGARDED AS DISCRIMINATORY AND THEREBY INCOMPATIBLE WITH THE TREATY , IN PARTICULAR ARTICLE 30 .