1 BY A JUDGMENT OF 20 JUNE 1986 WHICH WAS RECEIVED AT THE COURT ON 1*OCTOBER 1986, THE GREEK COUNCIL OF STATE REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY TWO QUESTIONS ON THE INTERPRETATION OF ARTICLES 6 AND 7 OF COMMISSION DECISIONS 84/38/EEC AND 84/64/EEC OF 11 JANUARY 1984 AND 27 JANUARY 1984 RESPECTIVELY ( OFFICIAL JOURNAL 1984, L*23, P.*37, AND L*36, P.*29 ).
2 THOSE QUESTIONS WERE RAISED IN PROCEEDINGS BROUGHT AGAINST THE MINISTER FOR COMMERCE BY DAMIANOS SOPH . SYMEONIDIS AEE SIGARETTON KAI IKODOMIKON EPICHIRISSEON AE ( HEREINAFTER REFERRED TO AS "THE APPLICANT "). THE APPLICANT SOUGHT THE ANNULMENT OF A LIST OF ALLOCATION OF CIGARETTES ORIGINATING IN THE THE EEC IN WHICH, ALONG WITH EIGHT EXISTING IMPORTERS, THE APPLICANT APPEARED AS THE ONLY NEW IMPORTER AND ITS IMPORT ENTITLEMENT WAS SET AT 34*004 KG . THAT LIST IS ESTABLISHED BY THE IMPORT PERMIT COMMITTEE, AN AGENCY OF THE MINISTRY OF COMMERCE, AND CONSTITUTES THE BASIS ON WHICH IMPORT PERMITS ARE ISSUED .
3 PURSUANT TO ARTICLE 130 OF THE ACT OF ACCESSION OF GREECE, IN DECISION 84/38/EEC THE COMMISSION HAD AUTHORIZED GREECE TO INTRODUCE A MONITORING SYSTEM FOR CIGARETTES FALLING WITHIN SUBHEADING 24.02*A OF THE COMMON CUSTOMS TARIFF, ( ARTICLE 2*(6 ) AND ARTICLE 4 ). THAT SYSTEM WAS AMENDED BY DECISION 84/64/EEC, WHICH AUTHORIZED A SYSTEM OF RESTRICTIONS ON IMPORTS, SETTING THE VOLUME OF THE QUOTA AT 1*100 TONNES ( ARTICLE 2 ). IN ADMINISTERING THAT QUOTA, THE GREEK AUTHORITIES WERE TO RESPECT EXISTING TRADE PATTERNS ( ARTICLE 6 ) AND THE SHARES TO BE RESERVED FOR NEW IMPORTERS WERE NOT TO EXCEED 10% OF THE TOTAL QUOTA MENTIONED ABOVE . THAT MORE RESTRICTIVE SYSTEM REPLACED THE FORMER RULES AND CONSTITUTES THE ONLY SYSTEM APPLICABLE TO THE FACTS FORMING THE BASIS OF THE MAIN PROCEEDINGS .
4 PURSUANT TO DECISION 84/64/CEE, THE MINISTRY OF COMMERCE MADE ORDERS LAYING DOWN IN PARTICULAR A RULE THAT THE IMPORT ENTITLEMENT OF NEW IMPORTERS COULD NOT EXCEED THAT OF THE SMALLEST EXISTING IMPORTER . PURSUANT TO THOSE ORDERS AN ALLOCATION LIST WAS ISSUED FOR CIGARETTES ( FALLING WITHIN TARIFF SUBHEADING 24.02*A ) ORIGINATING IN THE EEC, IN WHICH THE APPLICANT APPEARED, ALONG WITH EIGHT EXISTING IMPORTERS, AS THE ONLY NEW IMPORTER, AND ITS IMPORT ENTITLEMENT WAS SET AT 34*004*KG .
5 THE APPLICANT IS SEEKING THE ANNULMENT OF THAT LIST AND ALL RELATED ADMINISTRATIVE ACTS ARGUING THAT IT WAS ENTITLED TO IMPORT A QUANTITY OF CIGARETTES EQUAL TO 10% OF THE AFOREMENTIONED QUOTA .
6 THE GREEK COUNCIL OF STATE STAYED PROCEEDINGS AND REFERRED THE FOLLOWING QUESTIONS TO THE COURT :
"( A ) DOES COMMISSION DECISION 84/38/EEC, ADOPTED IN ACCORDANCE WITH ARTICLE 130 OF THE ACT OF ACCESSION OF GREECE, AND MORE SPECIFICALLY ARTICLES 6 AND 7 THEREOF, MEAN THAT IN THE CASE OF A SINGLE NEW IMPORTER OF CIGARETTES THE COMPETENT GREEK AUTHORITIES ARE UNDER THE OBLIGATION, AND THE NEW IMPORTER HAS A CORRESPONDING RIGHT, TO SET HIS IMPORT ENTITLEMENT