RAISED IN THE COURSE OF AN ACTION BROUGHT BY A TRANSPORT UNDERTAKING ESTABLISHED IN THE NETHERLANDS WHICH SPECIALIZES IN INTERNATIONAL REMOVALS AGAINST A DECISION OF THE COMMISSIE GRENSOVER SCHRIJDEND BEROEPSGOEDERENVERVOER VAN DE STICHTING NEDERLANDSCHE INTERNATIONALE WEGVERVOER ORGANISATIE ( COMMITTEE OF THE NETHERLANDS INTERNATIONAL ROAD HAULAGE ORGANIZATION ON THE COMMERCIAL CARRIAGE OF GOODS ABROAD ), REJECTING ITS APPLICATION FOR AN INCREASE IN ITS TRANSPORT CAPACITY FOR INTERNATIONAL TRANSPORT OPERATIONS .
3 IT APPEARS FROM THE FILE ON THE CASE THAT BY VIRTUE OF PRIOR DECISIONS ADOPTED BY THE SAME AUTHORITY THE PLAINTIFF ' S AUTHORIZED CAPACITY IS 50.1 TONNES FOR NATIONAL TRANSPORT AND IT IS AUTHORIZED TO USE 18 TONNES OF THAT TOTAL CAPACITY FOR INTERNATIONAL TRANSPORT . THE PLAINTIFF APPLIED FOR THE LATTER CAPACITY TO BE INCREASED TO 36.29 TONNES , WHICH CORRESPONDED TO ITS EFFECTIVE TRANSPORT CAPACITY AT THAT TIME , IN ORDER TO ENABLE IT TO USE ALL ITS VEHICLES FOR INTERNATIONAL TRANSPORT .
4 THAT REQUEST WAS REJECTED BY THE COMMISSIE GRENSOVERSCHRIJDEND BEROEPSGOEDERENVERVOER BY VIRTUE OF THE NATIONAL LEGISLATION ON CARRIAGE OF GOODS BY ROAD , NAMELY THE WET AUTOVERVOER GOEDEREN ( LAW GOVERNING THE CARRIAGE OF GOODS BY MOTOR VEHICLE ) OF 4 AUGUST 1951 AND THE UITVOERINGSBESLUIT AUTOVERVOER GOEDEREN ( DECREE ADOPTING ADMINISTRATIVE REGULATIONS FOR IMPLEMENTING THE LAW GOVERNING THE CARRIAGE OF GOODS BY MOTOR VEHICLE ) OF 16 JANAURY 1954 . THE REASON GIVEN FOR THAT REJECTION WAS THAT IT WAS NOT IN THE GENERAL INTERESTS OF TRANSPORT TO INCREASE THE AUTHORIZED CAPACITY IN THE ABSENCE OF AN EXISTING DEMAND FOR INTERNATIONAL TRANSPORT , AS AN INVESTIGATION HAD SHOWN THAT SMIT WAS NOT USING ( TO THE FULL ) THE TRANSPORT CAPACITY FOR WHICH IT ALREADY HAD AUTHORIZATION .
5 IN THE PROCEEDINGS BEFORE THE RAAD VAN STATE , SMIT RELIED ON THE PROVISIONS OF THE DIRECTIVE OF 23 JULY 1962 PURSUANT TO WHICH CERTAIN TYPES OF CARRIAGE , INCLUDING REMOVALS BY UNDERTAKING HAVING SPECIAL STAFF AND EQUIPMENT FOR THAT PURPOSE , ARE NO LONGER TO BE SUBJECT TO A QUOTA SYSTEM . IT ARGUED THAT , BY PERMITTING RESTRICTIONS ON INTRA-COMMUNITY TRANSPORT CAPACITY , THE NETHERLANDS LEGISLATION IS CONTRARY TO THAT DIRECTIVE AND THAT ITS EFFECT IS TO PUT UNDERTAKINGS ESTABLISHED IN THE NETHERLANDS AT A COMPETITIVE DISADVANTAGE IN RELATION TO THE REMOVAL UNDERTAKINGS OF OTHER MEMBER STATES .
6 THE COMMISSIE GRENSOVERSCHRIJDEND BEROEPSGOEDERENVERVOER , FOR ITS PART , DREW ATTENTION TO ARTICLE 3 OF THE SAME DIRECTIVE , ACCORDING TO WHICH THE DIRECTIVE IS NOT TO AFFECT THE CONDITIONS UNDER WHICH ANY MEMBER STATE AUTHORIZES ITS OWN NATIONALS TO ENGAGE IN THE ACTIVITIES MENTIONED THEREIN .
7 THE RAAD VAN STATE CONSIDERED THAT A QUESTION OF INTERPRETATION OF COMMUNITY LAW HAD BEEN RAISED AND SUBMITTED THE QUESTIONS REFERRED TO ABOVE TO THE COURT .
THE FIRST QUESTION
8 THE FIRST QUESTION SUBMITTED BY THE RAAD VAN STATE IS AS FOLLOWS :
' ' IS IT THE RESPONSIBILITY OF A NATIONAL COURT OR TRIBUNAL TO EXAMINE NATIONAL LEGISLATION IN THE LIGHT OF ARTICLES