STATES TO PROFIT FROM THE ADVANTAGES OF THE COMMUNITY , THE TREATY IMPOSES ON THEM ALSO THE OBLIGATION TO RESPECT ITS RULES . FOR A STATE UNILATERALLY TO BREAK , ACCORDING TO ITS OWN CONCEPTION OF NATIONAL INTEREST , THE EQUILIBRIUM BETWEEN THE ADVANTAGES AND OBLIGATIONS FLOWING FROM ITS ADHERENCE TO THE COMMUNITY BRINGS INTO QUESTION THE EQUALITY OF MEMBER STATES BEFORE COMMUNITY LAW AND CREATES DISCRIMINATION AT THE EXPENSE OF THEIR NATIONALS . THIS FAILURE IN THE DUTY OF SOLIDARITY ACCEPTED BY MEMBER STATES BY THE FACT OF THEIR ADHERENCE TO THE COMMUNITY STRIKES AT THE VERY ROOT OF THE COMMUNITY LEGAL ORDER .
13IT APPEARS THEREFORE THAT , IN DELIBERATELY REFUSING TO GIVE EFFECT ON ITS TERRITORY TO THE PROVISIONS OF REGULATION NO 1463/70 , THE UNITED KINGDOM HAS MARKEDLY FAILED TO FULFIL THE OBLIGATION WHICH IT HAS ASSUMED BY VIRTUE OF ITS MEMBERSHIP OF THE EUROPEAN ECONOMIC COMMUNITY .
14THE COMMISSION HAS ALSO ASKED THAT THERE SHOULD BE A SEPARATE FINDING OF A FAILURE BY THE UNITED KINGDOM TO FULFIL ITS OBLIGATION TO CONSULT IT ON THE NATIONAL MEASURES TO BE INTRODUCED IN ACCORDANCE WITH THE AFOREMENTIONED ARTICLE 23 .
15IN THE PRESENT CASE THE FAILURE TO CONSULT THE COMMISSION IS PART OF THE FAILURE TO FULFIL THE OBLIGATIONS UNDER ARTICLE 23 ( 1 ), SINCE THE UNITED KINGDOM GOVERNMENT INFORMED THE COMMISSION ON 1 JANUARY 1976 THAT IT DID NOT CONSIDER ITSELF TO BE IN A POSITION TO INTRODUCE THE PROVISIONS REQUIRED BY THAT ARTICLE . IN THESE CIRCUMSTANCES IT IS NOT NECESSARY TO MAKE A SEPARATE DECLARATION IN RESPECT OF THE FAILURE TO CONSULT .
Decision on costs
COSTS
16UNDER THE TERMS OF ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS .
17THE DEFENDANT HAS FAILED IN ITS SUBMISSIONS AND MUST THEREFORE BE ORDERED TO PAY THE COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT
HEREBY :
1 . DECLARES THAT BY FAILING TO ADOPT IN GOOD TIME THE MEASURES WHICH REMAIN TO BE TAKEN TO IMPLEMENT REGULATION NO 1463/70 OF THE COUNCIL OF 20 JULY 1970 ON THE INTRODUCTION OF RECORDING EQUIPMENT IN ROAD TRANSPORT , THE UNITED KINGDOM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE TREATY .
2 . ORDERS THE DEFENDANT TO PAY THE COSTS .