TREATY , SUCH AS ARTICLE 37 .
A REPLY MUST THEREFORE BE GIVEN TO THE QUESTIONS CONCERNING THE INTERPRETATION OF ARTICLE 37 .
22 THE FIRST QUESTION ASKS WHETHER ARTICLE 37 ( 1 ) OF THE TREATY IS TO BE INTERPRETED AS CONFERRING ON THOSE CONCERNED , FROM THE END OF THE TRANSITIONAL PERIOD , INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT .
23 AFTER PROVIDING THAT , DURING THE TRANSITIONAL PERIOD , THE MEMBER STATES ARE PROGRESSIVELY TO ADJUST ANY STATE MONOPOLIES OF A COMMERCIAL CHARACTER , ARTICLE 37 ( 1 ) SETS OUT THE GUIDING PRINCIPLE IN THE MATTER BY PROVIDING THAT IT IS TO BE ENSURED THAT AT THE END OF THIS PERIOD ' NO DISCRIMINATION . . . EXISTS BETWEEN NATIONALS OF MEMBER STATES ' REGARDING THE CONDITIONS UNDER WHICH GOODS WHICH IN CERTAIN MEMBER STATES ARE SUBJECT TO A MONOPOLY ARE PROCURED AND MARKETED .
24 IN THE FIELD OF APPLICATION OF THE TREATY THE PROHIBITION ON ALL DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS PRODUCED OR PUT INTO CIRCULATION BY NATIONALS OF THE VARIOUS MEMBER STATES ARE PROCURED AND MARKETED CONSTITUTES A BASIC PRINCIPLE WHICH , BY ITS VERY NATURE , DIRECTLY CONCERNS THE ECONOMIC AND LEGAL POSITION OF THOSE NATIONALS .
AS A REFERENCE TO A SET OF PROVISIONS WHICH ARE ACTUALLY APPLIED TO NATIONALS , THIS RULE IS , BY ITS VERY NATURE , CAPABLE OF BEING DIRECTLY INVOKED BY THOSE TO WHOM IT APPLIES .
THE PROHIBITION ON ALL DISCRIMINATION IN THIS FIELD AFTER THE EXPIRY OF THE TRANSITIONAL PERIOD CONSTITUTES AN OBLIGATION TO ATTAIN A PRECISE RESULT , THE FULFILMENT OF WHICH HAD TO BE MADE EASIER BY , BUT NOT MADE DEPENDENT ON , THE PROGRESSIVE NATURE OF THE ADJUSTMENT PROVIDED FOR .
IN THIS RESPECT , IT MUST BE POINTED OUT THAT UNDER PARAGRAPH ( 3 ) OF THE SAME ARTICLE 37 THE TIME-TABLE FOR THE ADJUSTMENT MEASURES WAS TO BE HARMONIZED WITH THE ABOLITION OF QUANTITATIVE RESTRICTIONS ON THE SAME PRODUCTS .
THE PROVISIONS OF THE TREATY REQUIRING MEMBER STATES TO ABOLISH ALL DISCRIMINATION WITHIN A SPECIFIC PERIOD BECOME DIRECTLY APPLICABLE EVEN WHERE THE DUTY HAS NOT BEEN DISCHARGED BEFORE THE EXPIRY OF THAT PERIOD .
THUS , WHEN THE PERIOD HAS EXPIRED , THE DUTY IN QUESTION IS NO LONGER SUBJECT TO ANY CONDITION , NOR CAN ITS PERFORMANCE OR EFFECTS BE SUBJECT TO THE ADOPTION OF ANY MEASURE EITHER BY THE COMMUNITY OR THE MEMBER STATES , AND , BY ITS VERY NATURE , IT IS CAPABLE OF CONFERRING ON THOSE CONCERNED INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT .
THE PERIOD WHICH THE MEMBER STATES WERE ALLOWED FOR THE PROGRESSIVE ADJUSTMENT OF STATE MONOPOLIES IN ORDER TO ENSURE THAT AT THE END OF THE TRANSITIONAL PERIOD NO DISCRIMINATION EXISTS IS INTENDED TO FACILITATE THE CREATION OF NEW CIRCUMSTANCES WHICH ARE COMPATIBLE WITH THE RULE AND , AFTER ITS EXPIRY , CANNOT FORM AN OBSTACLE TO THE APPLICATION OF THAT RULE .
25 IT IS