ARE EFFECTED BY MEANS OF THE PHYSICAL TRANSFER OF BANK NOTES ;
ANY RESTRICTIONS ON SUCH PAYMENTS ARE ABOLISHED AS FROM THE END OF THE TRANSITIONAL PERIOD ;
MEMBER STATES RETAIN THE POWER TO VERIFY THAT TRANSFERS OF FOREIGN CURRENCY PURPORTEDLY INTENDED FOR LIBERALIZED PAYMENTS ARE NOT IN REALITY USED FOR UNAUTHORIZED MOVEMENTS OF CAPITAL ;
CONTROLS INTRODUCED FOR THAT PURPOSE MAY NOT HAVE THE EFFECT OF LIMITING PAYMENTS AND TRANSFERS IN CONNECTION WITH THE PROVISION OF SERVICES TO A SPECIFIC AMOUNT FOR EACH TRANSACTION OR FOR A GIVEN PERIOD , OR OF RENDERING ILLUSORY THE FREEDOMS RECOGNIZED BY THE TREATY OR OF SUBJECTING THE EXERCISE THEREOF TO THE DISCRETION OF THE ADMINISTRATIVE AUTHORITIES ;
SUCH CONTROLS MAY INVOLVE THE FIXING OF FLAT-RATE LIMITS BELOW WHICH NO VERIFICATION IS CARRIED OUT , WHEREAS IN THE CASE OF EXPENDITURE EXCEEDING THOSE LIMITS PROOF IS REQUIRED THAT THE AMOUNTS TRANSFERRED HAVE ACTUALLY BEEN USED IN CONNECTION WITH THE PROVISION OF SERVICES , PROVIDED HOWEVER THAT THE FLAT-RATE LIMITS SO DETERMINED ARE NOT SUCH AS TO AFFECT THE NORMAL PATTERN OF THE PROVISION OF SERVICES .
Parties
IN JOINED CASES 286/82 AND 26/83
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE TRIBUNALE DI GENOVA ( DISTRICT COURT , GENOA ) FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN
GRAZIANA LUISI
AND
MINISTERO DEL TESORO ( MINISTRY OF THE TREASURY ) ( CASE 286/82 ),
AND BETWEEN
GIUSEPPE CARBONE
AND
MINISTERO DEL TESORO ( CASE 26/83 ),
Subject of the case
ON THE INTERPRETATION OF ARTICLES 67 , 68 AND 106 OF THE EEC TREATY IN ORDER TO ENABLE THE COURT MAKING THE REFERENCE TO GIVE ITS DECISION AS TO THE COMPATIBILITY WITH THOSE ARTICLES OF CERTAIN PROVISIONS OF ITALIAN LEGISLATION RELATING TO TRANSFERS OF FOREIGN CURRENCY ,
Grounds
1 BY ORDERS OF 12 JULY AND 22 NOVEMBER 1982 , WHICH WERE RECEIVED AT THE COURT ON 27 OCTOBER 1982 AND 21 FEBRUARY 1983 RESPECTIVELY , THE TRIBUNALE DI GENOVA ( DISTRICT COURT , GENOA ) REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY A NUMBER OF QUESTIONS ON THE INTERPRETATION OF ARTICLE 106 OF THE TREATY IN ORDER TO ENABLE IT TO DECIDE WHETHER THE ITALIAN LEGISLATION RELATING TO TRANSFERS OF FOREIGN CURRENCY IS COMPATIBLE WITH THAT ARTICLE .
2 THE QUESTIONS AROSE IN PROCEEDINGS INSTITUTED BY TWO ITALIAN RESIDENTS AGAINST DECISIONS OF THE MINISTRO DEL TESORO ( MINISTER FOR THE TREASURY ) IMPOSING FINES UPON THEM FOR PURCHASING VARIOUS FOREIGN CURRENCIES FOR USE ABROAD IN AN AMOUNT WHOSE EXCHANGE VALUE IN ITALIAN LIRE EXCEEDED THE MAXIMUM PERMITTED BY ITALIAN LAW , WHICH AT THAT TIME WAS LIT 500 000 PER ANNUM FOR THE EXPORT OF FOREIGN CURRENCY BY RESIDENTS FOR THE PURPOSES OF TOURISM , BUSINESS , EDUCATION AND MEDICAL TREATMENT .
3 BEFORE THE NATIONAL COURT THE PLAINTIFFS CONTESTED THE VALIDITY OF THE PROVISIONS OF ITALIAN LEGISLATION ON WHICH THE FINES WERE BASED , ON