OF THE FIRST PARAGRAPH OF ARTICLE 177 OF THE TREATY AND AS SUCH FALL WITHIN THE JURISDICTION TO GIVE PRELIMINARY RULINGS CONFERRED UPON THE COURT OF JUSTICE .
4 . IN RELATION TO THE PERIOD BEFORE 1 JULY 1968 , THE DATE ON WHICH THE COMMON CUSTOMS TARIFF ENTERED INTO FORCE , BOTH THE TARIFF ITSELF AND THE CONCESSIONS AND BINDINGS CONTAINED IN THE TARIFF PROTOCOLS NEGOTIATED AT THAT TIME IN THE FRAMEWORK OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE DID NOT CONSTITUTE A DEFINITE OBLIGATION FOR THE MEMBER STATES , BUT REPRESENTED RATHER AN OBJECTIVE BY REFERENCE TO WHICH THEY WERE TO DIRECT THEIR MEASURES OF ALIGNMENT OF THEIR NATIONAL TARIFFS WITH THE COMMON CUSTOMS TARIFF . IT FOLLOWS THAT , IN RELATION TO THE PERIOD BEFORE 1 JULY 1968 , THE TARIFF PROTOCOLS OF 16 JULY 1962 AND 30 JUNE 1967 DID NOT PROTECT INDIVIDUALS AGAINST THE IMPOSITION BY A MEMBER STATE OF A CHARGE ON PRODUCTS IMPORTED FROM NON-MEMBER COUNTRIES .
5 . THE MEMBER STATES ARE PROHIBITED , BY VIRTUE OF THE PROVISIONS OF THE TREATY ON THE CUSTOMS UNION ( ARTICLES 18 TO 29 ) AND ON THE COMMON COMMERCIAL POLICY ( ARTICLE 113 ), FROM ALTERING THE LEVEL OF THE CHARGE IMPOSED UNDER THE COMMON CUSTOMS TARIFF . THEREFORE A MEMBER STATE MAY NOT UNILATERALLY RAISE THE LEVEL OF THE COMMON CUSTOMS TARIFF BY THE IMPOSITION OF ADDITIONAL NATIONAL DUTIES OR CHARGES .
HOWEVER , THE CHARGES WHICH WERE ALREADY IN EXISTENCE AT THE DATE OF THE ENTRY INTO FORCE OF THE COMMON CUSTOMS TARIFF COULD NOT , IN PARTICULAR ON GROUNDS OF LEGAL CERTAINTY , BE REGARDED AS INAPPLICABLE EXCEPT BY VIRTUE OF SPECIAL PROVISIONS ADOPTED BY THE COMMUNITY .
IN RELATION TO THE PERIOD AFTER 1 JULY 1968 , THE DATE OF THE ENTRY INTO FORCE OF THE COMMON CUSTOMS TARIFF , NO PROVISION OF COMMUNITY LAW PREVENTED THE IMPOSITION ON PRODUCTS IMPORTED FROM NON-MEMBER COUNTRIES OF A CHARGE SUCH AS THE DUTY FOR ADMINISTRATIVE SERVICES IN SO FAR AS IT WAS ALREADY IN EXISTENCE ON THAT DATE . THAT DUTY COULD THEREFORE LAWFULLY BE CHARGED DURING THE SAID PERIOD UNTIL ITS ABOLITION BY THE NATIONAL LEGISLATURE .
Parties
IN JOINED CASES 267 TO 269/81
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE CORTE SUPREMA DI CASSAZIONE ( SUPREME COURT OF CASSATION ), ITALY , FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN
AMMINISTRAZIONE DELLE FINANZE DELLO STATO ( STATE FINANCE ADMINISTRATION )
AND
SOCIETA PETROLIFERA ITALIANA SPA ( SPI ), WHOSE REGISTERED OFFICE IS IN FORNOVO TARO ( CASE 267/81 ),
AND
SPA MICHELIN ITALIANA ( SAMI ), WHOSE REGISTERED OFFICE IS IN TURIN ( CASES 268 AND 269/81 ),
Subject of the case
ON THE JURISDICTION OF THE COURT OF JUSTICE TO INTERPRET THE GENERAL AGREEMENT ON TARIFFS AND TRADE ( GATT ), THE EFFECTS OF THE SUBSTITUTION OF THE COMMUNITY FOR THE MEMBER STATES WITH REGARD TO THE FULFILMENT