IS DIRECTLY APPLICABLE AND WHETHER IT HAS CREATED INDIVIDUAL RIGHTS WHICH THE NATIONAL JUDICIAL BODIES MUST PROTECT .
15 THE FACT THAT AT THE END OF THE TRANSITIONAL PERIOD NO DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED MUST EXIST BETWEEN NATIONALS OF MEMBER STATES CONSTITUTES AN OBLIGATION WITH A VERY PRECISE OBJECTIVE SUBJECT TO A CLAUSE POSTPONING ITS OPERATION .
16 UPON THE EXPIRY OF THE TRANSITIONAL PERIOD THIS OBLIGATION IS NO LONGER SUBJECT TO ANY CONDITION NOR CONTINGENT , IN ITS EXECUTION OR IN ITS EFFECTS , UPON THE INTRODUCTION OF ANY MEASURE , EITHER BY THE COMMUNITY OR BY THE MEMBER STATES , AND BY ITS NATURE IS CAPABLE OF BEING RELIED ON BY NATIONALS OF MEMBER STATES BEFORE NATIONAL COURTS .
17 THE THIRD QUESTION ASKS WHETHER IN CONSEQUENCE IT WAS POSSIBLE FOR PARTIES OTHER THAN THE MONOPOLY , ON THE BASIS OF ARTICLE 37 ( 1 ) OF THE TREATY AFTER 1 JANUARY 1970 , TO IMPORT , INTO ITALIAN TERRITORY PRODUCTS SUBJECT TO THE TOBACCO MONOPOLY SYSTEM EMBODIED IN LAW NO 907 OF 17 JULY 1942 AND COMING FROM COMMUNITY COUNTRIES , SUBJECT TO THEIR PAYING THE CHARGES IMPOSED ON THESE TYPES OF PRODUCT .
18 THIS QUESTION RELATES TO THE APPLICATION OF COMMUNITY LAW RATHER THAN TO ITS INTERPRETATION AND IS THEREFORE A MATTER FOR THE NATIONAL COURT .
19 THE FOURTH QUESTION ASKS WHETHER THE COUNCIL RESOLUTION OF 21 APRIL 1970 CAN VARY THE EFFECT OF THE PROVISIONS OF ARTICLE 37 ( 1 ) OF THE TREATY AND , IF THE ANSWER IS IN THE AFFIRMATIVE , WHETHER IT IS , SO FAR AS THE MEMBER STATES ARE CONCERNED , BINDING IN SUCH A WAY AS IMMEDIATELY TO REMOVE ALL RESTRICTIONS ON THE IMPORTATION OF PRODUCTS COVERED BY THE MONOPOLY WITHOUT ANY NEED FOR FURTHER COMMUNITY LEGISLATION , THUS EXTINGUISHING THE EXCLUSIVE RIGHTS OF THE TOBACCO MONOPOLY .
20 UNDER THE TERMS OF THE SAID RESOLUTION ' THE FRENCH AND ITALIAN GOVERNMENTS UNDERTAKE TO TAKE ALL NECESSARY MEASURES FOR THE ABOLITION OF DISCRIMINATION ARISING OUT OF NATIONAL MONOPOLIES OF A COMMERCIAL NATURE . THE ABOLITION OF EXCLUSIVE RIGHTS RELATING TO IMPORTATION AND WHOLESALE MARKETING MUST BE ACHIEVED BY 1 JANUARY 1976 AT THE LATES ' .
21 THE SAID RESOLUTION WHICH BASICALLY EXPRESSES THE POLITICAL WILL OF THE COUNCIL AND THE FRENCH AND ITALIAN GOVERNMENTS TO PUT AN END TO A STATE OF AFFAIRS CONTRAVENING ARTICLE 37 ( 1 ), CANNOT ENGENDER EFFECTS WHICH CAN BE USED AGAINST INDIVIDUALS .
IN PARTICULAR THE TIME-SCALE REFERRED TO IN THE RESOLUTION CANNOT PREVAIL OVER THAT CONTAINED IN THE TREATY .
22 THE FOURTH QUESTION MUST THEREFORE BE ANSWERED IN THE NEGATIVE .
Decision on costs
COSTS
23 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE , AND AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , A STEP