Judgment of the Court of 25 October 1979. - Commission of the European Communities v Italian Republic. - Customs agents. - Case 159/78.
European Court reports 1979 Page 03247
Greek special edition Page 00589
Swedish special edition Page 00591
Finnish special edition Page 00645
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . FREE MOVEMENT OF GOODS - FRONTIER CONTROLS - PERMISSIBILITY - CONDITIONS
2 . FREE MOVEMENT OF GOODS - QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - RESTRICTIONS ON THE REPRESENTATION OF OWNERS OF GOODS FOR THE PURPOSE OF CUSTOMS DECLARATIONS - PERMISSIBILITY - CONDITIONS
( EEC TREATY , ART . 30 )
3 . MEMBER STATES - OBLIGATIONS - FAILURE TO FULFIL - MAINTENANCE OF A NATIONAL PROVISION INFRINGING COMMUNITY LAW
Summary
1 . SINCE ALL CUSTOMS DUTIES ON IMPORTS AND EXPORTS AND ALL CHARGES HAVING EQUIVALENT EFFECT AND ALL QUANTITATIVE RESTRICTIONS ON IMPORTS AND EXPORTS AND MEASURES HAVING EQUIVALENT EFFECT HAD TO BE ABOLISHED , PURSUANT TO TITLE I OF THE TREATY , BY THE END OF THE TRANSITIONAL PERIOD AT THE LATEST , CUSTOMS CONTROLS PROPERLY SO-CALLED HAVE LOST THEIR RAISON D ' ETRE AS REGARDS SUCH TRADE . FRONTIER CONTROLS REMAIN JUSTIFIED ONLY IN SO FAR AS THEY ARE NECESSARY EITHER FOR THE IMPLEMENTATION OF THE EXCEPTIONS TO FREE MOVEMENT REFERRED TO IN ARTICLE 36 OF THE TREATY ; OR FOR THE LEVYING OF INTERNAL TAXATION WITHIN THE MEANING OF ARTICLE 95 OF THE TREATY WHEN THE CROSSING OF THE FRONTIER MAY LEGITIMATELY BE ASSIMILATED TO THE SITUATION WHICH , IN THE CASE OF DOMESTIC GOODS , GIVE RISE TO THE LEVYING OF THE TAX ; OR FOR TRANSIT CONTROLS ; OR FINALLY WHEN THEY ARE ESSENTIAL IN ORDER TO OBTAIN REASONABLY COMPLETE AND ACCURATE INFORMATION ON MOVEMENT OF GOODS WITHIN THE COMMUNITY . THESE RESIDUARY CONTROLS MUST NEVERTHELESS BE REDUCED AS FAR AS POSSIBLE SO THAT TRADE BETWEEN MEMBER STATES CAN TAKE PLACE IN CONDITIONS AS CLOSE AS POSSIBLE TO THOSE PREVALENT ON A DOMESTIC MARKET .
2 . THE FACT THAT THE OWNER CANNOT EMPLOY AN ATTORNEY WHO NEITHER HAS POSSESSION OF THE GOODS NOR IS IN A POSITION TO PRESENT THEM TO THE CUSTOMS BUT THAT IN THIS CASE THE OWNER HAS TO HAVE RECOURSE TO A SELFEMPLOYED OR EMPLOYEE CUSTOMS AGENT CANNOT CONSTITUTE A MEASURE HAVING EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION SINCE THE OTHER MEANS OF MAKING THE DECLARATION OFFER HIM AN EFFECTIVE AND REASONABLE CHOICE ALLOWING HIM , IF HE THINKS IT IS IN HIS INTEREST , TO AVOID HAVING TO HAVE RECOURSE TO A PROFESSIONAL CUSTOMS AGENT .
3 . THE MAINTENANCE , WITHOUT AMENDMENT , TO THE LEGISLATION OF A MEMBER STATE OF A PROVISION WHICH IS INCOMPATIBLE WITH THE TREATY GIVEN RISE TO AN AMBIGUOUS STATE OF AFFAIRS BY MAINTAINING , AS REGARDS THOSE SUBJECT TO THE LAW WHO ARE CONCERNED , A STATE OF UNCERTAINTY AS TO THE POSSIBILITIES AVAILABLE TO THEM OF RELYING ON COMMUNITY LAW .