TREATY CAME INTO FORCE, BUT ALSO OF ALL THOSE NECESSARY TO PRESERVE THEIR EFFECTIVENESS AND TO ADAPT THEM TO CHANGES IN CIRCUMSTANCES .
SUCH A DISTINCTION BETWEEN MARKET ORGANIZATIONS, ON THE ONE HAND, AND THE LEGAL INSTITUTIONS AND MEASURES CONSTITUTING THEM, ON THE OTHER, CANNOT BE ADMITTED . A MARKET ORGANIZATION IS A COMBINATION OF LEGAL INSTITUTIONS AND MEASURES ON THE BASIS OF WHICH APPROPRIATE AUTHORITIES SEEK TO CONTROL AND REGULATE THE MARKET . THEREFORE A MARKET ORGANIZATION CANNOT POSSIBLY BE SEPARATED FROM ITS CONSTITUENT INSTITUTIONS, NOR CAN IT EXIST INDEPENDENTLY OF THESE INSTITUTIONS . THE MAINTENANCE OF A NATIONAL MARKET ORGANIZATION CANNOT POSSIBLY MEAN ANYTHING OTHER THAN THE MAINTENANCE OF THE INSTITUTIONS ON WHICH IT DEPENDS . ON ANY OTHER VIEW THE CONCEPT OF A NATIONAL MARKET ORGANIZATION WOULD LOSE ALL FORCE AND PLAIN MEANING .
THUS THE ARGUMENT THAT PROHIBITION ON THE USE OF NEW MEASURES MUST GRADUALLY LEAD TO NATIONAL MARKET ORGANIZATIONS LOSING THEIR EFFECTIVENESS AND SO JEOPARDIZE AGRICULTURAL ACTIVITY DURING THE TRANSITIONAL PERIOD IS UNFOUNDED . THE TREATY EXPRESSLY PROVIDES MEANS AND SPECIAL PROCEDURES FOR REMEDYING THE DIFFICULTIES IN QUESTION UNDER THE SUPERVISION OF THE COMMUNITY AUTHORITIES OR WITH THEIR APPROVAL .
THUS ARTICLE 12 APPLIES ALSO TO MEASURES TAKEN WITHIN THE FRAMEWORK OF A NATIONAL MARKET ORGANIZATION IN SO FAR AS THEY CONSTITUTE CUSTOMS DUTIES OR CHARGES HAVING EQUIVALENT EFFECT . IT THEREFORE BECOMES SUPERFLUOUS TO EXAMINE WHETHER THE BELGIAN AND LUXEMBOURG MARKET ORGANIZATIONS CONCERNED DO OR DO NOT EXIST . FROM ALL THE ABOVE IT FOLLOWS THAT THE DISPUTED MEASURES WERE TAKEN IN INFRINGEMENT OF ARTICLE 12 .
THEREFORE THE APPLICATIONS ARE WELL FOUNDED .
Decision on costs
UNDER ARTICLE 69(2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS . THE DEFENDANTS HAVE FAILED IN THEIR SUBMISSIONS .
Operative part
THE COURT
HEREBY DECLARES THAT THE APPLICATIONS ARE ADMISSIBLE AND :
1 . RULES THAT THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG HAVE FAILED TO COMPLY WITH THE OBLIGATIONS LAID DOWN IN ARTICLE 12 OF THE TREATY IN THAT AFTER 1 JANUARY 1958 THEY INTRODUCED AND CHARGED A SPECIAL DUTY LEVIABLE UPON THE ISSUE OF IMPORT LICENCES FOR SKIMMED-MILK POWDER WHETHER SWEETENED OR NOT, WHOLE-MILK POWDER WHETHER SWEETENED OR NOT, CONCENTRATED AND SWEETENED CANNED MILK, HARD AND SEMI-HARD CHEESES, PROCESSED CHEESES, SOFT CHEESES AND BLUE-VEINED CHEESES;
2 . ORDERS THE DEFENDANTS TO PAY THE COSTS .