287 ).
REGULATION NO 3023/77 IS VOID BECAUSE IT INFRINGES THE BASIC RIGHTS TO FREEDOM TO PURSUE AN OCCUPATION AND TO DEVELOP THE PERSONALITY AND TO EQUALITY OF TREATMENT . FREEDOM TO PURSUE AN OCCUPATION FORMS PART OF THE RIGHT TO FREE CHOICE OF EMPLOYMENT , WHICH IS PROTECTED AS A BASIC RIGHT IN THE COMMUNITY . WITH REGARD TO THE TRADE OF WHOLESALERS AND RETAILERS OF FOODSTUFFS , SUCH FREEDOM OF CHOICE INCLUDES THE RIGHT TO DETERMINE THE RANGE OF GOODS AND TO FIX SELLING PRICES . REGULATION NO 3023/77 INFRINGES THAT LIBERTY WHICH IS PROTECTED AS A BASIC RIGHT .
IN ORDER TO BE ABLE TO COMPETE WITH THE GOODS SOLD ON THE SHIPS OPERATING ' ' BUTTER-BUYING CRUISES ' ' GOODS MUST BE SOLD AT A PRICE MUCH LOWER THAN THE PURCHASE PRICE . AS THIS IS NOT FEASIBLE THE EXEMPTION CONTAINED IN REGULATION NO 3023/77 NECESSARILY MEANS THAT THE PLAINTIFF REWE-MARKT STEFFEN MUST CEASE SELLING THE GOODS LISTED IN ARTICLE 1 ( 2 ) OF THE REGULATION . FURTHERMORE THE QUANTITIES WHICH QUALIFY FOR THE EXEMPTIONS ARE SO LARGE THAT THE PLAINTIFF REWE-HANDELSGESELLSCHAFT NORD IS COMPELLED TO RESTRICT CONSIDERABLY THIS RANGE OF GOODS .
THE FUNDAMENTAL RIGHT OF DEVELOPING THE PERSONALITY , THAT IS TO SAY THE RIGHT OF PURSUING A TRADE WITHOUT INTERFERENCE FROM THE PUBLIC AUTHORITIES OF THE COMMUNITY , WHICH IS CAPABLE OF CAUSING DISTORITION OF COMPETITION , IS INFRINGED . THE ACTUAL PRINCIPLE INFRINGED IS THAT OF THE EQUALITY OF TREATMENT OF GOODS CROSSING THE CUSTOMS FRONTIER OF THE COMMUNITY . REGULATION NO 3023/77 CONFERS UPON MEMBER STATES ONLY THE RIGHT TO GRANT OR WITHHOLD AN EXEMPTION FROM IMPORT DUTIES . THUS THE COMMUNITY LEGISLATURE ITSELF MAKES POSSIBLE TREATMENT WHICH IS DIFFERENT IN THE VARIOUS MEMBER STATES AND WHICH ACCORDINGLY IS NOT UNIFORM IN ITS APPLICATION TO GOODS CROSSING THE CUSTOMS FRONTIER OF THE COMMUNITY FROM NON-MEMBER COUNTRIES . REGULATION NO 3023/77 INFRINGES THE FUNDAMENTAL RIGHT TO EQUALITY OF TREATMENT SINCE A SPECIFIED CATEGORY OF NATIONAL UNDERTAKINGS , SHIPOWNERS WHOSE VESSELS TAKE PART IN BUTTER-BUYING CRUISES , OBTAINS FAVOURABLE TREATMENT .
DIRECTIVE NO 69/169 MUST BE INTERPRETED TO MEAN THAT THE EXEMPTION FROM TURNOVER TAX AND EXCISE DUTY FOR WHICH IT MAKES PROVISION APPLIES ONLY TO GOODS CONTAINED IN THE PERSONAL LUGGAGE OF TRAVELLERS COMING FROM THE CUSTOMS TERRITORY OF A NON-MEMBER COUNTRY OR OF A MEMBER STATE WHERE THEY ARE IN FREE CIRCULATION FOR CUSTOMS PURPOSES .
DIRECTIVE NO 69/169 IS DIRECTLY APPLICABLE ON THE NATIONAL TERRITORY AND ACCORDINGLY ALL LAWS AND REGULATIONS OF THE MEMBER STATES WHICH ARE CONTRARY TO THE PROVISIONS CONTAINED IN THAT DIRECTIVE ARE RENDERED INVALID . THE NATIONAL COURTS MUST ACCORDINGLY OF THEIR OWN MOTION TAKE ACCOUNT OF THAT INVALIDITY IN PROCEEDINGS INSTITUTED BY A TRADER WHOSE RIGHTS HAVE THEREBY BEEN INFRINGED .
THE GERMAN GOVERNMENT CONCURS IN THE VIEW OF THE FINANZGERICHT TO THE EFFECT THAT THE EXEMPTION FROM CUSTOMS DUTIES PROVIDED FOR BY REGULATION NO 1544/69 MAY BE RELIED UPON ONLY BY TRAVELLERS COMING