STATUS IS ATTESTED BY THE COMMUNITY MOVEMENT CERTIFICATE DOES NOT IN ITSELF CONSTITUTE A MEASURE EQUIVALENT TO A QUANTITATIVE RESTRICTION IF THE GOODS IN QUESTION ARE COVERED BY MEASURES OF COMMERCIAL POLICY ADOPTED BY THAT STATE IN CONFORMITY WITH THE TREATY . SUCH A REQUIREMENT WOULD , HOWEVER , FALL UNDER THE PROHIBITION CONTAINED IN ARTICLE 30 OF THE TREATY IF THE IMPORTER WERE REQUIRED TO DECLARE , WITH REGARD TO ORIGIN , SOMETHING OTHER THAN WHAT HE KNOWS OR MAY REASONABLY BE EXPECTED TO KNOW OR IF THE OMISSION OR INACCURACY OF THAT DECLARATION WERE TO ATTRACT PENALTIES DISPROPORTIONATE TO THE NATURE OF A CONTRAVENTION OF A PURELY ADMIN- ISTRATIVE CHARACTER . ANY ADMINISTRATIVE OR PENAL MEASURE WHICH GOES BEYOND WHAT IS STRICTLY NECESSARY FOR THE PURPOSES OF ENABLING THE IMPORTING MEMBER STATE TO OBTAIN REASONABLY COMPLETE AND ACCURATE INFORMATION ON THE MOVEMENT OF GOODS FALLING WITHIN SPECIFIC MEASURES OF COMMERCIAL POLICY MUST BE REGARDED AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION PROHIBITED BY THE TREATY .
5 . THE RULES RELATING TO CONTROL OF THE QUALITY OF PRODUCTS CANNOT OF THEMSELVES JUSTIFY A REQUIREMENT TO PRODUCE DOCUMENTS CONCERNING THE ORIGIN OF PRODUCTS , ON CONDITION HOWEVER THAT WHEN AN INSPECTION IS CARRIED OUT THE INSPECTOR MAY REQUIRE PROOF THAT THE COMPULSORY DECLARATIONS ARE IN ACCORDANCE WITH THE FACTS .
6 . ARTICLE 8 OF REGULATION NO 158/66 SEEKS TO PENALIZE ANY INFRINGEMENT , WITHOUT DISTINCTION AS TO THE ORIGIN OF THE PRODUCT . NATIONAL MEASURES ENTAILING SUCH DISTINCTIONS MAY , WHERE APPROPRIATE , BE REGARDED AS DISCRIMI- NATORY AND THEREBY INCOMPATIBLE WITH THE TREATY , IN PARTICULAR ARTICLE 30 .
Parties
IN CASE 52/77 ,
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE TRIBUNALE OF SALUZZO FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN
LEONCE CAYROL
AND
GIOVANNI RIVOIRA & FIGLI
Subject of the case
ON THE INTERPRETATION OF ARTICLE 1 OF ANNEX I TO THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND SPAIN ( REGULATION ( EEC ) NO 1524/70 OF THE COUNCIL OF 20 . 7 . 1970 , OJ , ENGLISH SPECIAL EDITION SECOND SERIES , I . EXTERNAL RELATIONS ( 1 ), P . 269 ) AND OF ARTICLES 30 AND 115 OF THE EEC TREATY ,
Grounds
1 BY AN ORDER OF 15 APRIL 1977 , WHICH WAS RECEIVED AT THE COURT ON 19 APRIL 1977 , THE PRESIDENT OF THE TRIBUNALE DI SALUZZO REFERRED TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING SIX QUESTIONS CONCERNING THE INTERPRETATION OF ARTICLES 115 AND 30 OF THE TREATY , OF THE AGREEMENT CONCLUDED BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND SPAIN ON 29 JUNE 1970 , WHICH WAS THE SUBJECT OF REGULATION NO 1524/70 OF THE COUNCIL OF 20 JULY 1970 ( OJ , ENGLISH SPECIAL EDITION , SECOND SERIES , I . EXTERNAL RELATIONS ( 1 ), P . 269 ), AND OF REGULATION NO 58/62 OF THE COMMISSION OF 15