FOREIGN CURRENCY PAYMENT , WITHIN WHICH THE OPERATION OF OBTAINING CUSTOMS CLEARANCE MUST BE CARRIED OUT?
( 2)WITH REFERENCE TO ARTICLES 7 , 9 , 10 , 13 AND 30 TO 36 OF THE TREATY ON THE FREE MOVEMENT OF GOODS AND ARTICLES 13 , 15 AND 18 OF REGULATION NO 120/67/EEC OF 13 JUNE 1967 AND SUBSEQUENT AMENDMENTS ON THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKET AND ON THE SYSTEM OF LEVIES , ARE THE RULES LAID DOWN BY THE ITALIAN STATE AND REFERRED TO IN ARTICLES 1 , 3 AND 4 OF LAW NO 1126 OF 20 JULY 1952 , ARTICLE 2 OF DECREE LAW NO 476 OF 6 JUNE 1956 , CONVERTED INTO LAW NO 786 OF 25 JULY 1956 , AND ARTICLE 2 OF THE MINISTERIAL ORDER OF 20 JANUARY 1973 COMPATIBLE WITH THE ABOVE-MENTIONED PROVISIONS AND DO THEY NOT , BECAUSE THE RESULT OF THOSE RULES IS TO DISCOURAGE IMPORTERS INTO ITALY FROM CHOOSING THE MOST APPROPRIATE DATE ON WHICH TO RELEASE GOODS TO THE MARKET , AND ALSO HAVING REGARD TO THE MORE FAVOURABLE SYSTEM OF COMMUNITY LEVIES , AMOUNT TO A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION OR TO A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY , WHEN THEY ARE INTERPRETED AS MEANING THAT FORFEITURE BY THE MINISTRY OF FOREIGN TRADE OF THE SECURITY WHICH IS REQUIRED OF IMPORTERS INTO ITALY OF AGRICULTURAL GOODS AND PRODUCTS WHICH COME FROM NON-MEMBER COUNTRIES AND ARE SUBJECT TO THE LEVY SYSTEM IN ORDER TO BE ABLE TO OBTAIN THE NECESSARY FOREIGN CURRENCY FOR THE PAYMENTS IN ADVANCE AGAINST DOCUMENTS , MAY BE MADE ON THE BASIS OF THE DATE ON WHICH THOSE GOODS ARE REGISTERED UPON IMPORTATION RATHER THAN THE DATE ON WHICH THE GOODS THEMSELVES REACHED THE NATIONAL TERRITORY , IN VIEW OF THE PARTICULARLY SHORT PERIOD , AFTER THE DATE OF THE FOREIGN CURRENCY PAYMENT , WITHIN WHICH THE OPERATION OF OBTAINING CUSTOMS CLEARANCE MUST BE CARRIED OUT?
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7 THE OBJECT OF THE QUESTIONS WHICH HAVE BEEN SUBMITTED IS TO DISCOVER FIRST , WHETHER THE PROVISIONS OF COMMUNITY LAW WHICH PROHIBIT MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS IN INTRA-COMMUNITY TRADE AND THOSE CONCERNING MEMBER STATES ' OBLIGATIONS REGARDING PAYMENTS FOR SUCH TRADE MUST BE INTERPRETED AS COVERING THE REQUIREMENT TO PROVIDE A SECURITY IN THE CIRCUMSTANCES DESCRIBED ABOVE WHERE GOODS IMPORTED FROM OTHER MEMBER STATES ARE PAID FOR IN ADVANCE , AND SECONDLY , WHETHER THE SAME INTERPRETATION IS TO BE GIVEN TO ARTICLE 18 OF REGULATION NO 120/67 AND TO ARTICLE 2 OF REGULATION NO 827/68 IN THE CASE OF AGRICULTURAL PRODUCTS COVERED BY THOSE REGULATIONS AND IMPORTED INTO THE COMMUNITY FROM NON-MEMBER COUNTRIES .
I - INTRA-COMMUNITY TRADE
8 THE MEASURES TO WHICH THE NATIONAL COURT REFERS WERE THE SUBJECT OF ANOTHER CASE CONCERNING THE INTRA-COMMUNITY TRADE DESCRIBED IN ITS FIRST QUESTION , CASE 95/81 , AN ACTION UNDER ARTICLE 169 OF THE EEC TREATY BROUGHT BY THE COMMISSION AGAINST A MEMBER