BEFORE THE ESTABLISHMENT OF THE COMMON CUSTOMS TARIFF, WERE IMPOSED BY A MEMBER STATE AT THE TIME OF THE IMPORTATION INTO ITS TERRITORY OF GOODS COMING DIRECTLY FROM THIRD COUNTRIES, WAS NOT LIKELY TO ACT AS AN OBSTACLE TO THE ALIGNMENT OF THE CUSTOMS TARIFFS OF EACH MEMBER STATE WITH THE RATES OF THE COMMON CUSTOMS TARIFF . IT IS TRUE THAT THE OBJECTIVES SOUGHT BY THE UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF BY ALL MEMBER STATES IN THE RELATIONS WITH THIRD COUNTRIES MIGHT BE HINDERED BY THE UNILATERAL ADOPTION OR RETENTION OF SUCH MEASURES BY A MEMBER STATE, ESPECIALLY WHERE THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS IN FREE CIRCULATION IN A MEMBER STATE WOULD BE INSUFFICIENT TO CORRECT THE EFFECTS OF SUCH NATIONAL MEASURES . IN SUCH CIRCUMSTANCES, THE QUESTION MIGHT ARISE WHETHER THE TREATY IMPOSES LIMITS ON THE FREEDOM OF STATES TO ADOPT OR TO MAINTAIN MEASURES WHICH MIGHT ADVERSELY AFFECT THE OPERATION OF THE COMMON CUSTOMS TARIFF . HOWEVER, SUCH A QUESTION CAN ONLY ARISE IN RESPECT OF THE PERIOD AFTER THE INTRODUCTION OF THE COMMON CUSTOMS TARIFF .
Decision on costs
THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES AND THE GOVERNMENT OF THE KINGDOM OF BELGIUM, WHICH HAVE BOTH SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE AND AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE VREDERECHTER, ANTWERP, THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE VREDERECHTER, ANTWERP, BY JUDGMENT OF THAT COURT DATED 24 DECEMBER 1968, HEREBY RULES :
1 . THE CONCEPT OF A CHARGE HAVING EQUIVALENT EFFECT REFERRED TO IN ARTICLES 9 AND 12 OF THE EEC TREATY INCLUDES ANY PECUNIARY CHARGE, OTHER THAN A CUSTOMS DUTY IN THE STRICT SENSE, IMPOSED ON GOODS CIRCULATING WITHIN THE COMMUNITY BY REASON OF THE FACT THAT THEY CROSS A FRONTIER, IN SO FAR AS SUCH A CHARGE IS NOT PERMITTED BY A SPECIFIC PROVISION OF THE TREATY;
2 . WITHOUT PREJUDICE TO ANY LIMITATIONS WHICH MIGHT BE IMPOSED IN ORDER TO ATTAIN THE OBJECTIVES OF THE COMMON CUSTOMS TARIFF, PECUNIARY CHARGES OTHER THAN CUSTOMS DUTIES IN THE STRICT SENSE APPLIED BY A MEMBER STATE BEFORE THE INTRODUCTION OF THAT TARIFF ON GOODS IMPORTED DIRECTLY FROM THIRD COUNTRIES ARE NOT, ACCORDING TO THE TREATY, INCOMPATIBLE WITH THE REQUIREMENTS CONCERNING THE GRADUAL ALIGNMENT OF NATIONAL CUSTOMS TARIFFS ON THE COMMON EXTERNAL TARIFF .