TREATY , TO BIND THE MEMBER STATES IN THE SAME WAY AS THE COMMUNITY ITSELF . FOR THE REASONS STATED ABOVE , AND SUBJECT TO THE CONSIDERATIONS SET OUT BELOW CONCERNING THE INTERNAL EFFECT OF THE PROTOCOLS , IT IS IN ANY EVENT IMPORTANT THAT THEY SHOULD BE INTERPRETED AND APPLIED IN THE SAME WAY THROUGHOUT THE COMMUNITY .
19 THE ANSWER TO BE GIVEN TO THE QUESTION SUBMITTED IS THEREFORE THAT , SINCE AS REGARDS THE FULFILMENT OF THE COMMITMENTS LAID DOWN IN GATT THE COMMUNITY HAS BEEN SUBSTITUTED FOR THE MEMBER STATES WITH EFFECT FROM 1 JULY 1968 , THE DATE ON WHICH THE COMMON CUSTOMS TARIFF WAS BROUGHT INTO FORCE , THE PROVISIONS AF GATT HAVE SINCE THAT DATE BEEN AMONGST THOSE WHICH THE COURT OF JUSTICE HAS JURISDICTION , BY VIRTUE OF ARTICLE 177 OF THE EEC TREATY , TO INTERPRET BY WAY OF A PRELIMINARY RULING , REGARDLESS OF THE PURPOSE OF SUCH INTERPRETATION . WITH REGARD TO THE PERIOD PRIOR TO THAT DATE , SUCH INTERPRETATION IS A MATTER EXCLUSIVELY FOR THE COURTS OF THE MEMBER STATES .
20 THE TARIFF PROTOCOLS OF 16 JULY 1962 AND 30 JUNE 1967 ARE ACTS OF THE INSTITUTIONS OF THE COMMUNITY WITHIN THE MEANING OF SUBPARAGRAPH ( B ) OF THE FIRST PARAGRAPH OF ARTICLE 177 OF THE TREATY AND AS SUCH FALL WITHIN THE JURISDICTION TO GIVE PRELIMINARY RULINGS CONFERRED UPON THE COURT OF JUSTICE .
THE EFFECT WITHIN THE COMMUNITY OF GATT AND THE PROTOCOLS CONCLUDED WITHIN THE FRAMEWORK THEREOF ( QUESTION B )
21 NEXT , THE CORTE SUPREMA DI CASSAZIONE SEEKS CLARIFICATION ON THE EFFECTS WHICH FOLLOW WITHIN THE LEGAL ORDERS OF THE COMMUNITY AND THE MEMBER STATES FROM THE FACT THAT THE COMMUNITY HAS BEEN SUBSTITUTED FOR THE MEMBER STATES IN RELATION TO THE FULFILMENT OF THE COMMITMENTS PROVIDED FOR BY GATT . IT WISHES TO KNOW IN PARTICULAR WHETHER GATT , IN CONJUNCTION WITH THE TARIFF PROTOCOLS BY WHICH THE NEW TARIFF SCHEDULE , XL ( EEC ), WAS INTRODUCED , HAS EFFECT WITHIN THE LEGAL ORDERS OF BOTH THE COMMUNITY AND THE MEMBER STATES .
22 IF THE EFFECTS WITHIN THE COMMUNITY OF THE RULES OF GATT AND OF THE TARIFF PROTOCOLS SHOULD OCCUR AT DIFFERENT TIMES , THE CORTE SUPREMA DI CASSAZIONE ALSO WISHES TO KNOW THEIR SEQUENCE .
23 IN ITS JUDGMENTS OF 12 DECEMBER 1972 AND 24 OCTOBER 1973 , INTERNATIONAL FRUIT COMPANY AND SCHLUTER , CITED ABOVE , THE COURT ANSWERED IN THE NEGATIVE QUESTIONS CONCERNING THE DIRECT APPLICABILITY OF TWO PROVISIONS OF GATT , NAMELY ARTICLE XI ON THE ELIMINATION OF QUANTITATIVE RESTRICTIONS AND ARTICLE II ON THE EFFECT OF SCHEDULES OF CONCESSIONS . THE COURT REACHED THAT CONCLUSION ON THE BASIS OF CONSIDERATIONS CONCERNING THE GENERAL SCHEME OF GATT , NAMELY THAT IT WAS BASED ON THE PRINCIPLE OF NEGOTIATIONS UNDERTAKEN ON A RECIPROCAL AND MUTUALLY ADVANTAGEOUS BASIS AND WAS CHARACTERIZED BY THE GREAT FLEXIBILITY OF ITS PROVISIONS , IN PARTICULAR THOSE CONCERNING THE