IS CALLED UPON TO GIVE IS TO BE MADE AT THE CONCLUSION OF A SPECIAL PROCEDURE ON THE BASIS OF THE PLAINTIFF' S ALLEGATIONS ALONE, WITHOUT ANY PRIOR DISCUSSION BETWEEN THE PARTIES .
5 IT IS SUFFICIENT TO NOTE THAT THE PRESIDENT OF THE TRIBUNALE DI TORINO IS PERFORMING A JUDICIAL FUNCTION WITHIN THE MEANING OF ARTICLE 177 AND THAT HE CONSIDERED AN INTERPRETATION OF COMMUNITY LAW TO BE NECESSARY TO ENABLE HIM TO REACH A DECISION, THERE BEING THEREFORE NO NEED FOR THE COURT TO CONSIDER THE STAGE OF THE PROCEEDINGS AT WHICH THE QUESTIONS WERE REFERRED .
II - THE SUBSTANCE
THE FIRST QUESTION
6 THE FIRST QUESTION REQUESTS THE COURT TO RULE WHETHER THE DUTY FOR ADMINISTRATIVE SERVICES AND THE STATISTICAL LEVY INTRODUCED BY ITALIAN LEGISLATION CONSTITUTE CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES WITHIN THE MEANING OF REGULATION NO 20 .
7 IT IS CLEAR FROM THE JUDGMENTS OF THE COURT OF 1 JULY 1969 IN CASE 24/68 ( 1969 ) ECR 193 ) AND 18 NOVEMBER 1970 IN CASE 8/70 ( REC . 1970, P . 961 ) THAT SUCH DUTIES AND LEVIES CONSTITUTE CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES WITHIN THE MEANING OF ARTICLES 9, 12 AND 13 OF THE EEC TREATY AND CERTAIN REGULATIONS CONCERNING THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKET, IN PARTICULAR ARTICLE 19 ( 1 ) OF REGULATION NO 121/67/EEC OF THE COUNCIL .
THE CONCEPT OF A " CHARGE HAVING EQUIVALENT EFFECT " AS EMPLOYED IN ARTICLES 14 ( 1 ) AND 18 ( 1 ) OF REGULATION NO 20 WHICH PROHIBIT THE LEVYING OF SUCH CHARGES ON IMPORTS OF PIGMEAT FROM MEMBER STATES AND THIRD COUNTRIES IS EQUIVALENT TO THE SAME EXPRESSION EMPLOYED IN ARTICLE 9 ET SEQ . OF THE TREATY AND IN OTHER REGULATIONS ON THE ORGANIZATION OF AGRICULTURAL MARKETS .
QUESTIONS 2 ( A ) AND ( B ), 3 ( A ) AND ( B ), 4 ( A ) AND ( B ), 5 ( A ) AND ( B )
8 THE COURT IS NEXT ASKED WHETHER THE PROVISIONS OF ARTICLES 14 ( 1 ) AND 18 ( 1 ) OF REGULATION NO 20, AS WELL AS THE FIRST INDENT OF ARTICLE 17 ( 2 ) AND THE FIRST INDENT OF ARTICLE 19 ( 1 ) OF REGULATION NO 121/67 ARE IMMEDIATELY APPLICABLE WITHIN THE NATIONAL LEGAL SYSTEM AND, AS SUCH, CREATE INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT .
9 UNDER THE TERMS OF THE SECOND PARAGRAPH OF ARTICLE 189 REGULATIONS " SHALL HAVE GENERAL APPLICATION " AND " SHALL BE ... DIRECTLY APPLICABLE IN ALL MEMBER STATES ".
THEREFORE, BY REASON OF THEIR NATURE AND THEIR FUNCTION IN THE SYSTEM OF THE SOURCES OF COMMUNITY LAW, REGULATIONS HAVE DIRECT EFFECT AND ARE AS SUCH, CAPABLE OF CREATING INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT .
THE EFFECT OF A REGULATION, AS PROVIDED FOR IN ARTICLE 189, IS THEREFORE TO PREVENT THE IMPLEMENTATION OF ANY LEGISLATIVE MEASURE, EVEN