IN QUESTION IN THE FEDERAL REPUBLIC .
THE IMPORTED PRODUCTS THEMSELVES ENJOY NO DIRECT OR INDIRECT ADVANTAGE ON THE GERMAN MARKET .
FOR THIS REASON THE DISPUTED CHARGES HAVE A DISCRIMINATORY EFFECT ON THE IMPORTED PRODUCTS, WHICH, HOWEVER SMALL IT MAY BE, IS EQUIVALENT TO THAT OF A CUSTOMS DUTY .
THE COMMISSION WAS THEREFORE LEGALLY ENTITLED, IN APPLICATION OF ARTICLE 13(2 ), TO ORDER THE ABOLITION OF THESE CHARGES AND TO DETERMINE BY MEANS OF DIRECTIVES THE TIME-TABLE FOR SUCH ABOLITION .
THE FIRST SUBMISSION IS UNFOUNDED .
THE SECOND SUBMISSION
THE APPLICANT GOVERNMENT SUBMITS IN THE ALTERNATIVE, IN THE EVENT OF THE COURT'S HOLDING THAT THE DISPUTED CHARGES ARE CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES, THAT THE DISPUTED DIRECTIVES ARE DEFECTIVE BECAUSE THEY INFRINGE THE TREATY AND AMOUNT TO A MISUSE OF POWERS .
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IT IS ALLEGED THAT WHEN THE COMMISSION ISSUED THE DIRECTIVES ADDRESSED TO THE FEDERAL REPUBLIC OF GERMANY IT ABUSED ITS POWERS AND INFRINGED ARTICLE 14 OF THE TREATY AND THE PRINCIPLE OF EQUALITY OF TREATMENT WHICH IS OF FUNDAMENTAL IMPORTANCE FOR THE ESTABLISHMENT OF A CUSTOMS UNION .
ARTICLE 14 WHICH LAYS DOWN THE RULES BY WHICH THE COMMISSION MUST BE GUIDED IN ORDER TO DETERMINE THE TIME-TABLE FOR THE ABOLITION OF CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES PLACES UPON IT THE OBLIGATION, ON THE ONE HAND, TO ADOPT FOR THIS PURPOSE A PROCEDURE ON CLOSELY SIMILAR LINES TO THE ONE FOR THE REDUCTION OF THE CUSTOMS DUTIES THEMSELVES AND, ON THE OTHER HAND, TO DEAL IN THE SAME WAY WITH COMPARABLE SITUATIONS IN ALL THE MEMBER STATES .
THE COMMISSION, HOWEVER, IN BREACH OF THIS PROVISION AND OF THE PRINCIPLE OF EQUALITY OF TREATMENT, MADE A LIMITED USE OF ITS POWERS, WITHOUT ATTEMPTING TO PREPARE A PLAN OR TO BE CONSISTENT, IN A NUMBER OF CASES SELECTED ARBITRARILY IN CERTAIN MEMBER STATES, AND FAILED TO DEAL WITH SIMILAR SITUATIONS ARISING IN OTHER MEMBER STATES .
UNDER THE TERMS OF ARTICLE 13(2 ) THE COMMISSION HAS THE POWER TO DETERMINE THE TIME-TABLE FOR THE ABOLITION OF CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES AND ' SHALL BE GUIDED ' FOR THIS PURPOSE BY THE RULES CONTAINED IN ARTICLE 14(2 ) AND ( 3 ).
IN ORDER TO DETERMINE THIS TIME-TABLE IT ISSUES DIRECTIVES, WHICH ARE BINDING ON THE MEMBER STATES TO WHICH THEY ARE ADDRESSED SO FAR AS THE OBJECTIVE WHICH THEY LAY DOWN IS CONCERNED, BUT WHICH LEAVE THE CHOICE OF THE MEANS AND FORMALITIES FOR ATTAINING THAT OBJECTIVE TO BE MADE BY THE NATIONAL AUTHORITIES .
ACCORDING TO ARTICLE 13(1 ) IMPORT DUTIES SHALL BE PROGRESSIVELY ABOLISHED BY MEMBER STATES ' IN ACCORDANCE WITH ARTICLES 14 AND 15 '.
THE RULES RELATING TO THE TIME-TABLE FOR THE ABOLITION OF CHARGES HAVING EQUIVALENT EFFECT IN ARTICLE 14(2 ) AND ( 3 ) ARE THUS LESS STRICT THAN THOSE FOR THE ABOLITION OF THE CUSTOMS DUTIES THEMSELVES .
ALTHOUGH IT IS TRUE THAT THE ABOLITION BY THE COMMISSION