THE OPERATION OF THE COMMON MARKET BUT ALSO AN OBSTACLE TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY PROVIDED FOR BY ARTICLE 113 , THE DEROGATIONS ALLOWED UNDER ARTICLE 115 MUST BE STRICTLY INTERPRETED AND APPLIED .
4 . THE REQUIREMENT BY THE IMPORTING MEMBER STATE OF THE INDICATION OF THE COUNTRY OF ORIGIN ON THE CUSTOMS DECLARATION DOCUMENT FOR PRODUCTS IN FREE CIRCULATION WHOSE COMMUNITY STATUS IS ATTESTED BY THE COMMUNITY MOVEMENT CERTIFICATE DOES NOT IN ITSELF CONSTITUTE A MEASURE EQUIVALENT TO A QUANTITATIVE RESTRICTION IF THE GOODS IN QUESTION ARE COVERED BY MEASURES OF COMMERCIAL POLICY ADOPTED BY THAT STATE IN CONFORMITY WITH THE TREATY . SUCH A REQUIREMENT WOULD , HOWEVER , FALL UNDER THE PROHIBITION CONTAINED IN ARTICLE 30 OF THE TREATY IF THE IMPORTER WERE REQUIRED TO DECLARE , WITH REGARD TO ORIGIN , SOMETHING OTHER THAN WHAT HE KNOWS OR MAY REASONABLY BE EXPECTED TO KNOW OR IF THE OMISSION OR INACCURACY OF THAT DECLARATION WERE TO ATTRACT PENALTIES DISPROPORTIONATE TO THE NATURE OF A CONTRAVENTION OF A PURELY ADMINIS- TRATIVE CHARACTER . ANY ADMINISTRATIVE OR PENAL MEASURE WHICH GOES BEYOND WHAT IS STRICTLY NECESSARY FOR THE PURPOSES OF ENABLING THE IMPORTING MEMBER STATE TO OBTAIN REASONABLY COMPLETE AND ACCURATE INFORMATION ON THE MOVEMENT OF GOODS FALLING WITHIN SPECIFIC MEASURES OF COMMERCIAL POLICY MUST BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION PROHIBITED BY THE TREATY .
5 . DURING THE TRANSITIONAL PERIOD NATIONAL RULES MAKING THE IMPORTATION OF PRODUCTS COMING FROM AND IN FREE CIRCULATION IN A MEMBER STATE AND ORIGINATING IN A THIRD COUNTRY SUBJECT TO AN APPLICATION FOR AUTHORIZATION FOR THE PURPOSES OF A POSSIBLE APPLICATION OF ARTICLE 115 OF THE TREATY DID NOT CONSTITUTE A QUANTITATIVE RESTRICTION PROHIBITED BY THE TREATY IN SO FAR AS THAT REQUIREMENT DID NOT RENDER MORE ONEROUS THE RULES APPLICABLE ON THE ENTRY INTO FORCE OF THE TREATY . IT IS FOR THE NATIONAL COURT TO EXAMINE WHETHER THIS IS SO IN THE INDIVIDUAL CASES BEFORE THEM .
Parties
IN CASE 41/76
REFERENCE TO THE COURT OF JUSTICE PURSUANT TO ARTICLE 177 OF THE EEC TREATY BY THE COUR D ' APPEL , DOUAI , FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN :
SUZANNE CRIEL , NEE DONCKERWOLCKE , MANAGER , RESIDING AT HEUSDEN , BELGIUM , AND
HENRI SCHOU , EXPORT AGENT AND MANAGER , RESIDING AT SAINT-DENIS-WESTREM , BELGIUM ,
V THE PROCUREUR DE LA REPUBLIQUE AU TRIBUNAL DE GRANDE INSTANCE , LILLE , AND
THE DIRECTOR GENERAL OF CUSTOMS , PARIS ,
Subject of the case
ON THE INTERPRETATION OF THE CONCEPT OF MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON IMPORTS WITHIN THE MEANING OF ARTICLES 30 ET SEQ . OF THE EEC TREATY ,
Grounds
1 BY JUDGMENT OF 7 APRIL 1976 , WHICH WAS RECEIVED AT THE COURT REGISTRY ON 13 MAY 1976 , THE COUR D ' APPEL DE DOUAI REFERRED , PURSUANT TO ARTICLE 177 OF