THE CURRENCIES OF THE MEMBER STATES ARE NOT A DETERMINANT FACTOR IN FIXING TRANSPORT TARIFFS . IT WONDERS WHETHER IN THOSE CIRCUMSTANCES THE REGULATION IS COMPATIBLE WITH ARTICLE 75 OF THE TREATY AND WHETHER THE PROVISIONS OF THE REGULATION ARE CONSISTENT WITH ITS OBJECTIVES , AS SET OUT IN ITS PREAMBLE .
14 IN ORDER TO OBTAIN CLARIFICATION IN REGARD TO THESE MATTERS THE RECHTBANK REFERRED THE FOLLOWING QUESTIONS TO THE COURT :
' ' 1 . IS REGULATION NO 1174/68 OF THE COUNCIL OF 30 JULY 1968 COMPATIBLE WITH ARTICLE 75 OF THE EEC TREATY IF NO PROVISION IS MADE TO ELIMINATE THE DISPARITY IN CURRENCIES BETWEEN THE MEMBER STATES?
2.IS THE REGULATION COMPATIBLE WITH ITS AIM THAT TARIFFS MUST BE DRAWN UP IN SUCH A WAY AS TO AVOID BOTH ABUSE OF DOMINANT POSITIONS AND DAMAGING COMPETITION?
3.AS A MEASURE ADOPTED BY THE COUNCIL , MUST THE REGULATION STILL BE REGARDED AS VALID IF INSTEAD OF PRODUCING HARMONIZATION IT LEADS TO EXCESSIVE DISCRIMINATION BETWEEN THE INHABITANTS OF THE VARIOUS MEMBER STATES?
' '
THE VALIDITY OF REGULATION NO 1174/68
15 THE QUESTIONS SUBMITTED BY THE RECHTBANK ESSENTIALLY SEEK TO ASCERTAIN WHETHER IN THE ABSENCE OF PROVISIONS TO ELIMINATE THE EFFECTS OF CURRENCY DISPARITIES IN THE EVENT OF AN ALTERATION IN THE EXCHANGE RATE REGULATION NO 1174/68 HAS THE EFFECT OF CREATING , IN THE MATTER OF DETERMINATION OF TRANSPORT RATES , A DISTORTION OF COMPETITION WHICH IS CONTRARY TO THE VERY OBJECTIVE OF THE REGULATION AND TO THE REQUIREMENTS OF A COMMON TRANSPORT POLICY , SO THAT THE VALIDITY OF THE REGULATION IS AFFECTED .
16 THE ANSWER TO THE QUESTION THUS FRAMED MUST BE DERIVED FROM THE SYSTEM AND PURPOSE OF REGULATION NO 1174/68 AND IN PARTICULAR FROM THE DISTRIBUTION OF POWERS BETWEEN THE COMMUNITY AND THE MEMBER STATES TO WHICH THAT REGULATION GAVE RISE .
17 AS HAS BEEN POINTED OUT ABOVE , REGULATION NO 1174/68 IS CENTRED ON THE ESTABLISHMENT OF ' ' BRACKET TARIFFS ' ' , TO ENSURE NORMAL CONDITIONS OF COMPETITION IN THE MARKET IN ROAD TRANSPORT WITHIN THE COMMUNITY . THAT OBJECTIVE CAN BE ACHIEVED ONLY ON CONDITION THAT THE LIMITS SET BY THE BRACKET SPREAD , AS DEFINED BY THE REGULATION , ARE RESPECTED .
18 THE DETERMINATION OF THE TARIFFS AND , MORE PRECISELY , EVERYTHING RELATING TO THE FIXING OF THEM AND THEIR SUBSEQUENT AMENDMENT , IS EFFECTED , ACCORDING TO ARTICLE 4 OF THE REGULATION , BY WAY OF AGREEMENT BETWEEN THE STATES DIRECTLY CONCERNED IN THE MATTER . SHOULD THE STATES CONCERNED HAVE DIFFICULTY IN REACHING AN AGREEMENT THE REGULATION PROVIDES FOR ARBITRATION BY THE COMMISSION WITH ULTIMATE APPEAL TO THE COUNCIL WHICH IN SUCH A CASE GIVES ITS DECISION BY A QUALIFIED MAJORITY . THE ARBITRATION TAKES PLACE WITHIN A VERY SHORT PERIOD OF TIME AND THE DECISIONS TAKEN THEREUNDER TAKE EFFECT IN THE MEMBER STATES . THUS THE REGULATION HAS ALL THE PROVISIONS TO ENSURE THAT THE AGREEMENTS OR DECISIONS ARE MADE AT THE