1 ) AFTER THE END OF THE TRANSITIONAL PERIOD MUST THE RESTRICTIONS ON THE MOVEMENT OF CAPITAL REFERRED TO IN ARTICLE 67 OF THE EEC TREATY BE DEEMED TO BE ABOLISHED REGARDLESS OF THE PROVISIONS OF ARTICLE 68 THEREOF?
( 2)DOES THE FACT THAT THE ITALIAN GOVERNMENT OMITTED THE CONSULTATIVE PROCEDURE LAID DOWN IN ARTICLE 73 OF THE TREATY IN RELATION TO DECRETO LEGGE NO 31 OF 4 MARCH 1976 , WHICH WAS ENACTED AS LAW NO 159 OF 30 APRIL 1976 , CONSTITUTE AN INFRINGEMENT OF THAT TREATY?
( 3)DOES ANY PRINCIPLE OR PROVISION OF THE TREATY GUARANTEE NONRESIDENTS THE RIGHT TO RE-EXPORT CURRENCY PREVIOUSLY IMPORTED AND NOT USED , EVEN IF IT HAS BEEN CONVERTED INTO ITALIAN LIRE?
( 4)IF SO , MAY ANY FAILURE TO COMPLY WITH THE FORMALITIES PRESCRIBED BY THE CURRENCY LEGISLATION OF THE STATE FROM WHICH THE SUMS ARE SUBSEQUENTLY RE-EXPORTED IN THE ABOVE-MENTIONED CIRCUMSTANCES BE PUNISHED BY PENALTIES INCLUDING CONFISCATION OF THE CURRENCY , A FINE OF UP TO FIVE TIMES THE AMOUNT OF THAT CURRENCY AND DEPRIVATION OF PERSONAL LIBERTY FOR A PERIOD OF UP TO FIVE YEARS ( SUBJECT TO HEAVIER PENALTIES WHERE A NUMBER OF PERSONS ARE INVOLVED)?
( 5)IF THE PRECEDING QUESTION IS ANSWERED IN THE AFFIRMATIVE , MAY ANY FAILURE TO COMPLY WITH THE ABOVE-MENTIONED FORMALITIES CARRY PENALTIES ON THE SAME SCALE AS THOSE IMPOSED FOR THE UNLAWFUL EXPORTATION OF CURRENCY?
( 6)AFTER THE END OF THE TRANSITIONAL PERIOD IS IT POSSIBLE TO CONSIDER AS BEING COMPATIBLE WITH THE ' ' STANDSTILL ' ' REQUIREMENTS SET OUT IN ARTICLES 71 AND 106 ( 3 ) DOMESTIC LEGISLATION WHICH INCREASES PENALTIES PRESCRIBED BY OTHER , PREVIOUS LEGISLATION , AS , FOR EXAMPLE , WHEN INFRINGEMENTS WHICH WERE PREVIOUSLY PUNISHABLE BY ADMINISTRATIVE PENALTIES ARE MADE PUNISHABLE BY IMPRISONMENT AND FINES , THEREBY RENDERING THEM CRIMINAL OFFENCES?
( 7)DOES THE PRINCIPLE IN ACCORDANCE WITH WHICH DISSIMILAR SITUATIONS MAY NOT BE TREATED IN THE SAME WAY ( WHICH IS ENCOMPASSED BY THE PROHIBITION OF DISCRIMINATION REFERRED TO INTER ALIA IN ARTICLE 7 OF THE TREATY ) PERMIT THE SAME PENALTIES IMPOSED BY A MEMBER STATE IN RESPECT OF THE UNLAWFUL EXPORTATION OF CURRENCY OR OF FAILURE TO COMPLY WITH THE FORMALITIES IN RELATION TO CURRENCY TO BE APPLIED WITHOUT DISTINCTION BOTH TO RESIDENTS OF THAT STATE AND TO NON-RESIDENTS?
( 8)AFTER THE END OF THE TRANSITIONAL PERIOD IS IT POSSIBLE TO CONSIDER COMPATIBLE WITH ARTICLES 67 , 71 AND 106 ( 3 ) OF THE TREATY DOMESTIC PROVISIONS WHICH PRESCRIBE SPECIFIED FORMALITIES IN CONNECTION WITH THE EXERCISE OF THE RIGHT , WHICH IS HOWEVER RECOGNIZED , TO RE-EXPORT PREVIOUSLY IMPORTED CAPITAL , REQUIRING THE FULFILMENT OF SUCH FORMALITIES AS SOLE PROOF OF PRIOR IMPORTATION , THEREBY CREATING IN SUBSTANCE A PENALTY UNDER CRIMINAL LAW IN RESPECT OF NON-FULFILMENT THEROF?
7 THOSE QUESTIONS MAY BE DIVIDED INTO TWO GROUPS . THE FIRST THREE QUESTIONS AND THE SIXTH QUESTION CONCERN IN PARTICULAR THE INTERPRETATION OF THE PROVISIONS OF THE EEC TREATY ON MOVEMENTS OF