MEMBER STATES, WHICH WAS ABOLISHED WITH EFFECT FROM 30 JUNE 1968 .
15 A LEGISLATIVE PROVISION OF INTERNAL LAW COULD NOT BE SET UP AGAINST THE DIRECT EFFECT, IN THE LEGAL ORDER OF MEMBER STATES, OF REGULATIONS OF THE COMMUNITY AND OTHER PROVISIONS OF COMMUNITY LAW, INCLUDING THE PROHIBITION, UNDER ARTICLES 9 ET SEQ . OF THE TREATY, OF CHARGES HAVING EQUIVALENT EFFECT TO CUSTOMS DUTIES, WITHOUT COMPROMISING THE ESSENTIAL CHARACTER OF COMMUNITY RULES AS SUCH AND THE FUNDAMENTAL PRINCIPLE THAT THE COMMUNITY LEGAL SYSTEM IS SUPREME .
THIS IS PARTICULARLY TRUE AS REGARDS THE DATE FROM WHICH THE COMMUNITY RULE BECOMES OPERATIVE AND CREATES RIGHTS IN FAVOUR OF PRIVATE PARTIES .
THE FREEDOM OF EACH MEMBER STATE TO VARY, IN RELATION TO ITSELF AND WITHOUT EXPRESS AUTHORITY, THE DATE ON WHICH A COMMUNITY RULE COMES INTO FORCE IS EXCLUDED BY REASON OF THE NEED TO ENSURE UNIFORM AND SIMULTANEOUS APPLICATION OF COMMUNITY LAW THROUGHOUT THE COMMUNITY .
Decision on costs
16 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE, AND AS THESE PROCEEDINGS ARE A STEP IN THE ACTION PENDING BEFORE A NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT,
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE PRESIDENT OF THE TRIBUNAL OF TRIESTE BY ORDER OF 12 JANUARY 1973, HEREBY RULES :
ON QUESTION 1
1 . THE CONCEPT OF " CHARGE HAVING EQUIVALENT EFFECT " UNDER ARTICLES 18 AND 20 OF REGULATION 19/62 AND ARTICLES 18 AND 21 OF REGULATION NO 120/67 MUST BE TAKEN TO HAVE THE SAME MEANING AS IN ARTICLES 9 ET SEQ . OF THE TREATY .
ON QUESTION 2
2 . A CHARGE WHICH IS IMPOSED EXCLUSIVELY ON IMPORTED GOODS SOLELY BECAUSE THEY HAVE BEEN UNLOADED IN THE NATIONAL PORTS CONSTITUTES A " CHARGE HAVING EQUIVALENT EFFECT TO A CUSTOMS DUTY " AND IS ACCORDINGLY PROHIBITED SO FAR AS THE IMPORTATION OF CEREALS IS CONCERNED, WHETHER FROM OTHER MEMBER COUNTRIES OR THIRD COUNTRIES, UNDER ARTICLES 18 AND 20 OF REGULATION NO 19/62 AND ARTICLES 18 AND 21 OF REGULATION NO 120/67 .
ON QUESTIONS 3 AND 6
3 . THE PROVISIONS OF ARTICLES 18 AND 20 OF REGULATION NO 19/62 AND OF ARTICLES 18 AND 21 OF REGULATION NO 120/67 PROHIBITING MEMBER STATES FROM LEVYING ANY CHARGE HAVING EQUIVALENT EFFECT TO CUSTOMS DUTIES ARE DIRECTLY APPLICABLE IN THE LEGAL ORDER OF MEMBER STATES AND ACCORDINGLY CONFER RIGHTS ON PRIVATE PARTIES WHICH THE NATIONAL COURTS MUST PROTECT .
ON QUESTIONS 4 AND 5
4 . A LEGISLATIVE MEASURE UNDER NATIONAL LAW WHICH REPRODUCES THE TEXT OF A DIRECTLY APPLICABLE RULE OF COMMUNITY LAW CANNOT IN ANY WAY AFFECT SUCH DIRECT APPLICABILITY, OR THE COURT' S JURISDICTION UNDER THE TREATY .
ON QUESTION 7
5 . THE RIGHTS CREATED IN FAVOUR OF PRIVATE PARTIES UNDER ARTICLES 18 AND 20 OF REGULATION NO 19/62 REMAINED IN FORCE, WITHOUT INTERRUPTION, AFTER REGULATION NO