Judgment of the Court of 12 December 1973. - Criminal proceedings against Giulio et Adriano Grosoli. - Reference for a preliminary ruling: Tribunale civile e penale di Trento - Italy. - Administration of tariff quota. - Case 131-73
European Court reports 1973 Page 01555
Greek special edition Page 00847
Portuguese special edition Page 00595
Spanish special edition Page 00433
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
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1 . COMMON CUSTOMS TARIFF - COMMUNITY TARIFF QUOTA - USE - COMMUNITY INSTITUTIONS - MEMBER STATES - POWERS
2 . COMMON CUSTOMS TARIFF - COMMUNITY TARIFF QUOTA - FROZEN BEEF AND VEAL - ADMINISTRATIVE ARRANGEMENTS - DELEGATION TO MEMBER STATES - LIMITS
( REGULATION NO 92/68 OF THE COUNCIL, ARTICLE 3; REGULATION NO 110/69 OF THE COUNCIL, ARTICLE 2 )
Summary
1 . THE COMMUNITY INSTITUTIONS ALONE HAVE POWER TO DETERMINE THE ECONOMIC USE TO WHICH COMMUNITY TARIFF QUOTAS MUST BE PUT AND, CONSEQUENTLY, TO LAY DOWN HOW THEY ARE TO BE ADMINISTERED .
TO THIS END THEY MAY PROVIDE ACCESS TO THE QUOTA FOR ANY USER, OR THEMSELVES DECIDE TO WHAT USE IT MUST BE PUT, OR, AGAIN, LEAVE MEMBER STATES FREE TO USE IT AS THEY SEE FIT IN THEIR OWN INTERESTS .
UNDER THIS LAST ALTERNATIVE, THE GRANT TO THE STATES OF THIS FREEDOM REQUIRES A DECLARED INTENTION TO THIS EFFECT ON THE PART OF THE INSTITUTIONS OF THE COMMUNITY AND THE ABSENCE OF ANY DIRECTION AS TO THE USE WHICH IS TO BE MADE OF A QUOTA MUST BE INTERPRETED AS FREEDOM FOR ALL INTERESTED TO HAVE ACCESS TO IT .
2 . THE PROVISIONS OF REGULATION NO 92/68 AND REGULATION NO 110/69 ON THE DELEGATION OF ADMINISTRATIVE ARRANGEMENTS TO THE MEMBER STATES MUST BE INTERPRETED AS MEANING THAT, IN THE ABSENCE OF ANY DIRECTION BY THE COUNCIL AS TO USE, THE REFERENCE IN THESE REGULATIONS TO THE " ADMINISTRATIVE " PROVISIONS OF MEMBER STATES CANNOT BE REGARDED AS GOING OUTSIDE THE CONFINES OF THE TECHNICAL AND PROCEDURAL RULES DESIGNED TO ENSURE CONFORMITY WITH THE GENERAL TERMS OF THE QUOTA AND EQUALITY OF TREATMENT FOR THOSE ENTITLED TO MAKE USE OF IT .
THESE PROVISIONS DO NOT GIVE STATES AUTHORITY TO LAY DOWN RULES GOVERNING THE USE TO WHICH THEIR ALLOTTED SHARE IS PUT .
Parties
IN CASE 131/73
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE TRIBUNALE ( SEZIONE PENALE ) OF TRENT, ITALY FOR A PRELIMINARY RULING IN THE CRIMINAL PROCEEDINGS BEFORE THAT COURT AGAINST
GIULIO AND ADRIANO GROSOLI,
Subject of the case
ON THE INTERPRETATION OF ARTICLE 3 OF REGULATION NO 92/68 OF THE COUNCIL OF 23 JANUARY 1968 ON THE COMMUNITY TARIFF QUOTA OF 22 000 METRIC TONS OF FROZEN BEEF AND VEAL, COMING UNDER COMMON CUSTOMS TARIFF NO EX 02.01 A II AND OF ARTICLE 2 OF REGULATION NO 110/69 OF THE COUNCIL OF 16 JANUARY 1969 ON THE OPENING, APPORTIONMENT AND METHOD OF ADMINISTRATION OF THE COMMUNITY TARIFF QUOTA FOR FROZEN