REGARD TO THE PRINCIPLES OF THE TREATY WHICH FOR THE PURPOSE OF DETERMINING THE LEGALITY OF THOSE CHARGES, DO NOT ADMIT OF THE SUBSTITUTION OF QUANTITATIVE CRITERIA FOR THOSE BASED ON THE NATURE OF THE CHARGE .
15 THE ITALIAN GOVERNMENT FURTHER MAINTAINS THAT THE DISPUTED CHARGE CONSTITUTES THE CONSIDERATION FOR A SERVICE RENDERED AND AS SUCH CANNOT BE DESIGNATED AS A CHARGE HAVING EQUIVALENT EFFECT .
ACCORDING TO THE ITALIAN GOVERNMENT THE OBJECT OF THE STATISTICS IN QUESTION IS TO DETERMINE PRECISELY THE ACTUAL MOVEMENTS OF GOODS AND, CONSEQUENTLY, CHANGES THE STATE OF THE MARKET . IT CLAIMS THAT THE EXACTNESS OF THE INFORMATION THUS SUPPLIED AFFORDS IMPORTERS A BETTER COMPETITIVE POSITION IN THE ITALIAN MARKET WHILST EXPORTERS ENJOY A SIMILAR ADVANTAGE ABROAD AND THAT THE SPECIAL ADVANTAGES WHICH DEALERS OBTAIN FROM THE SURVEY JUSTIFIES THEIR PAYING FOR THIS PUBLIC SERVICE AND MOREOVER DEMONSTRATES THAT THE DISPUTED CHARGE IS IN THE NATURE OF A QUID PRO QUO .
16 THE STATISTICAL INFORMATION IN QUESTION IS BENEFICIAL TO THE ECONOMY AS A WHOLE AND INTER ALIA TO THE RELEVANT ADMINISTRATIVE AUTHORITIES .
EVEN IF THE COMPETITIVE POSITION OF IMPORTERS AND EXPORTERS WERE TO BE PARTICULARLY IMPROVED AS A RESULT, THE STATISTICS STILL CONSTITUTE AN ADVANTAGE SO GENERAL, AND SO DIFFICULT TO ASSESS, THAT THE DISPUTED CHARGE CANNOT BE REGARDED AS THE CONSIDERATION FOR A SPECIFIC BENEFIT ACTUALLY CONFERRED .
17 IT APPEARS FROM THE ABOVEMENTIONED CONSIDERATIONS THAT IN SO FAR AS THE DISPUTED CHARGE IS LEVIED ON EXPORTS IT IS CONTRARY TO ARTICLE 16 OF THE TREATY .
18 WITH REGARD TO THE STATISTICAL LEVY ON THE IMPORT FROM OTHER MEMBER STATES OF PRODUCTS SUBJECT TO REGULATIONS RELATING TO THE COMMON ORGANIZATION OF THE MARKETS THE ABOVEMENTIONED PROVISIONS OF SUCH REGULATIONS PROHIBIT THE LEVYING OF ANY CUSTOMS DUTY OR CHARGE HAVING EQUIVALENT EFFECT ON TRADE BETWEEN THE MEMBER STATES .
THE CONCEPT OF A " CHARGE HAVING EQUIVALENT EFFECT " ACCESSORY TO THAT OF " CUSTOMS DUTY " WAS RE-ENACTED IN THE ABOVEMENTIONED REGULATIONS FROM ARTICLES 9, 12 AND 13 OF THE TREATY .
NOTHING IN THE SAID REGULATIONS JUSTIFIES THE CONCLUSION THAT THEY ARE INTENDED TO CONFER ON THIS CONCEPT A SCOPE DIFFERENT FROM THAT WHICH IT HAS WITHIN THE FRAMEWORK OF THE TREATY ITSELF, ESPECIALLY AS, WHEN THOSE REGULATIONS TAKE ACCOUNT OF THE PARTICULAR CONDITIONS FOR ESTABLISHING A COMMON MARKET IN AGRICULTURAL PRODUCTS, THEY PURSUE THE SAME OBJECTIVES AS ARTICLES 9 TO 13 OF THE TREATY WHICH THEY IMPLEMENT .
19 ACCORDING TO ARTICLE 189 OF THE TREATY THOSE REGULATIONS ARE TO BE BINDING IN THEIR ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . IN INFRINGING THEIR PROVISIONS THE DEFENDANT HAS THUS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY .
Decision on costs
20 UNDER ARTICLE 69(3 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .
THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS .
Operative part
THE COURT
HEREBY DECLARES :
1 . ON LEVYING ON EXPORTS TO