JUNE 1962 , LAYING DOWN COMMON QUALITY STANDARDS FOR CERTAIN PRODUCTS LISTED IN ANNEX I B TO REGULATION NO 23 ON THE PROGRESSIVE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN FRUIT AND VEGETABLES ( OJ , ENGLISH SPECIAL EDITION 1959-1962 , P . 204 ).
2 THE QUESTIONS ARE REFERRED IN THE FRAMEWORK OF PROCEEDINGS FOR A WARRANT FOR ATTACHMENT BROUGHT BY THE UNDERTAKING LEONCE CAYROL ( HEREINAFTER REFERRED TO AS CAYROL ) AGAINST THE UNDERTAKING GIOVANNI RIVOIRA & FIGLI , SNC ( HEREINAFTER REFERRED TO AS RIVOIRA ).
3 IT APPEARS FROM THE CASE THAT IN DECEMBER 1970 AND DECEMBER 1971 CAYROL IMPORTED INTO FRANCE VARIOUS CONSIGNMENTS OF TABLE GRAPES OF SPANISH ORIGIN WHICH WERE DISPATCHED FROM ITALY ( WHERE THE GRAPES HAD BEEN PUT INTO FREE CIRCULATION ) BY RIVOIRA AND THAT THE SAID CONSIGNMENTS WERE ACCOMPANIED BY THE CERTIFICATE OF THE ISTITUTO NAZIONALE PER IL COMMERCIO ESTERO ( ICE ) CERTIFYING THAT THE GOODS WERE IN CONFORMITY WITH THE QUALITY STANDARDS AND STATING THAT THEY WERE OF ITALIAN ORIGIN .
4 FOLLOWING A CHECK CARRIED OUT BY THE FRENCH CUSTOMS AUTHORITIES ON 9 AUGUST 1972 ( THUS AFTER THE MARKETING OF THE GRAPES ) CAYROL AND RIVOIRA WERE CHARGED WITH HAVING IMPORTED PROHIBITED GOODS BY MEANS OF A FALSE DECLARATION OF ORIGIN AND ON THE BASIS OF FALSE OR INACCURATE DOCUMENTS , SINCE THE QUOTA FIXED BY FRANCE FOR IMPORTS OF SPANISH GRAPES HAD BEEN EXHAUSTED .
5 IN ITS JUDGMENT ON THAT CHARGE THE TRIBUNAL DE GRANDE INSTANCE , MONTPELLIER , ORDERED CAYROL AND RIVOIRA JOINTLY INTER ALIA TO PAY A FINE IN LIEU OF CONFISCATION AND A FINE AMOUNTING TO TWICE THE VALUE OF THE GOODS LIABLE TO CONFISCATION , AND REJECTED THE ARGUMENT PUT FORWARD BY THE DEFENDANTS THAT THE GRAPES HAD ACQUIRED ITALIAN ORIGIN BY REASON OF PROCESSING IN ITALY .
6 CAYROL DISCHARGED THE FINE BY PAYING THE AMOUNT OF A SETTLEMENT WHICH WAS PROPOSED TO HIM AND APPLIED TO THE TRIBUNALE DI SALUZZO FOR A WARRANT FOR ATTACHMENT AGAINST RIVOIRA , ON THE GROUNDS THAT THE PENALTIES APPLIED WERE CAUSED BY THE CONDUCT OF RIVOIRA , WHO HAD DECEIVED THE FRENCH CUSTOMS AUTHORITIES AS TO THE ORIGIN OF THE GOODS BY MEANS OF THE ICE CERTIFICATE . THIS LED THE PRESIDENT OF THE TRIBUNALE TO ASCERTAIN WHETHER THE ACTION OF THOSE AUTHORITIES WAS COMPATIBLE WITH THE PROVISIONS OF COMMUNITY LAW .
7 THE FIRST TWO QUESTIONS CONCERN THE EFFECT ON THE PRESENT CASE OF THE COMMERCIAL AGREEMENT CONCLUDED BETWEEN THE COMMUNITY AND SPAIN ON 29 JUNE 1970 .
8 FIRST , IT IS ASKED WHETHER ARTICLE 115 OF THE TREATY MAY BE RELIED UPON BY MEMBER STATES IN CONNEXION WITH PRODUCTS ORIGINATING IN A THIRD COUNTRY WHICH ARE COVERED ' BY A COMMUNITY IMPORT SYSTEM PURSUANT TO A COMMERCIAL AGREEMENT CONCLUDED BY THE EEC WITH THE SAID THIRD COUNTRY ' .
9 THEN , IT IS ASKED WHETHER ARTICLE 1 OF ANNEX I TO THE AGREEMENT IN QUESTION MUST