RIVOIRA ,
GIUSEPPE RIVOIRA ,
GIOVANNI RIVOIRA , AND
THE PARTNERSHIP GIOVANNI RIVOIRA & FIGLI , VERZUOLO ,
DEFENDANTS ,
Subject of the case
ON THE INTERPRETATION OF ARTICLES 30 AND 115 OF THE EEC TREATY ,
Grounds
1BY A JUDGMENT OF 5 JUNE 1978 , WHICH WAS RECEIVED AT THE COURT REGISTRY ON 25 AUGUST 1978 , THE TRIBUNAL DE GRANDE INSTANCE , MONTPELLIER , DEUXIEME CHAMBRE CORRECTIONNELLE ( SECOND CRIMINAL CHAMBER ), REFERRED TWO QUESTIONS TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY .
2THESE QUESTIONS WERE RAISED IN THE CONTEXT OF A PROSECUTION BROUGHT BY THE PROCUREUR DE LA REPUBLIQUE ( PUBLIC PROSECUTOR ) AND THE ADMINISTRATION DES DOUANES ( CUSTOMS ADMINISTRATION ) AGAINST THE RIVOIRA ASSOCIATES .
3IN DECEMBER 1970 AND DECEMBER 1971 THE LATTER IMPORTED INTO FRANCE VARIOUS CONSIGNMENTS OF TABLE GRAPES OF SPANISH ORIGIN WHICH WERE DISPATCHED FROM ITALY , WHERE THE GRAPES WERE IN FREE CIRCULATION .
4UPON IMPORTATION INTO FRANCE , THE SAID CONSIGNMENTS WERE ACCOMPANIED BY THE CERTIFICATE OF THE ISTITUTO NAZIONALE PER IL COMMERCIO ESTERO CERTIFYING THAT THE GOODS WERE IN CONFORMITY WITH THE QUALITY STANDARDS AND STATING THAT THEY WERE OF ITALIAN ORIGIN .
5AT THE TIME OF THE IMPORTATION THE BILATERAL QUOTA FIXED BY FRANCE FOR GRAPES IMPORTED FROM SPAIN HAD BEEN EXHAUSTED .
6FOLLOWING A CHECK CARRIED OUT BY THE FRENCH CUSTOMS AUTHORITIES THE RIVOIRA ASSOCIATES WERE CHARGED WITH HAVING IMPORTED PROHIBITED GOODS BY MEANS OF A FALSE DECLARATION OF ORIGIN AND ON THE BASIS OF FALSE OR INACCURATE DOCUMENTS .
7HAVING BEEN CONVICTED AND ORDERED TO PAY FINES IN THEIR ABSENCE , THE RIVOIRA ASSOCIATES APPEALED , WHICH LED THE NATIONAL COURT TO ASK THE FOLLOWING PRELIMINARY QUESTIONS :
' ' 1 . WHETHER , ACCORDING TO THE PROVISIONS OF COMMUNITY LAW APPLICABLE IN 1970 AND 1971 , THE FACT THAT FRANCE HAD LAWFULLY FIXED A BILATERAL QUOTA FOR IMPORTATIONS OF SPANISH GRAPES INTO FRANCE BETWEEN 1 JULY AND 31 DECEMBER OF EACH OF THOSE YEARS GAVE TO FRANCE THE RIGHT TO PROHIBIT , IN RESPECT OF THE SAME PERIODS , THE IMPORTATION OF LIKE SPANISH GRAPES FROM ITALY WHERE THEY HAD BEEN IN FREE CIRCULATION , WITHOUT FRANCE HAVING PREVIOUSLY REQUESTED AND OBTAINED AUTHORIZATION FROM THE COMMISSION OF THE EEC IN BRUSSELS UNDER ARTICLE 115 OF THE TREATY .
2.IF QUESTION 1 IS ANSWERED IN THE NEGATIVE , WHETHER THE FACT THAT THE SPANISH GRAPES IMPORTED INTO FRANCE FROM ITALY DURING THE ABOVE-MENTIONED PERIODS WERE DECLARED TO BE ITALIAN ENTITLES FRANCE TO CONSIDER SUCH DECLARATION AS AN INFRINGEMENT OF FRENCH CUSTOMS LEGISLATION ATTRACTING THE CRIMINAL PENALTIES PROVIDED FOR BY THE CODE DES DOUANES ( CUSTOMS CODE ) IN RESPECT OF FALSE DECLARATIONS MADE IN ORDER TO EFFECT PROHIBITED IMPORTS . ' '
QUESTION 1
8BY A JUDGMENT OF 30 NOVEMBER 1977 GIVEN IN CASE 52/77 CAYROL V RIVOIRA ( 1977 ) ECR 2261 , THE COURT , INTERPRETING ARTICLE 1 OF REGULATION NO 2513/69 OF THE COUNCIL