THE TRANSITIONAL PERIOD AND THE ABOLITION WAS TO BE COMPLETED BY THE END OF THAT PERIOD .
46 THEREFORE BEFORE THE EXPIRY OF THAT PERIOD MEMBER STATES WERE ENTITLED TO MAINTAIN IN BEING , ALBEIT ON A PURELY RESIDUARY BASIS , RESTRICTIVE MEASURES IN INTRA-COMMUNITY TRADE .
47 AS THE TREATY HAD NOT YET LAID DOWN AS AN OBJECTIVE FOR THAT SAME PERIOD THE ESTABLISHMENT OF A COMMON COMMERCIAL POLICY , DIFFERENCES COULD LEGITIMATELY CONTINUE TO EXIST BETWEEN THE EXTERNAL TRADE POLICIES PURSUED BY THE VARIOUS MEMBER STATES .
48 IN CONFORMITY WITH THE SPIRIT OF THESE PROVISIONS THE SECOND PARAGRAPH OF ARTICLE 115 AUTHORIZED MEMBER STATES IN CASE OF URGENCY DURING THE TRANSITIONAL PERIOD TO TAKE THE NECESSARY MEASURES TO GUARD AGAINST DEFLECTIONS OF TRADE ON CONDITION THAT THEY NOTIFY SUCH MEASURES TO THE OTHER MEMBER STATES AND TO THE COMMISSION AND WITHOUT PREJUDICE TO THE COMMISSION ' S RIGHT TO REQUIRE AMENDMENT OR ABOLITION OF MEASURES ADOPTED UNILATERALLY .
49 IT THEREFORE APPEARS THAT THE OBLIGATIONS IMPOSED ON THE IMPORTER OF GOODS PUT INTO FREE CIRCULATION IN ANOTHER MEMBER STATE TO OBTAIN AN IMPORT LICENCE WAS , SO FAR AS ITS PRINCIPLE IS CONCERNED , COMPATIBLE WITH COMMUNITY LAW IN ITS STATE OF DEVELOPMENT AT THAT TIME .
50 NEVERTHELESS THE MEMBER STATES DID NOT ENJOY AN ABSOLUTE DISCRETION IN THIS RESPECT DURING THE PERIOD IN QUESTION .
51 BY VIRTUE OF ARTICLES 31 AND 32 OF THE TREATY THE MEMBER STATES HAD TO REFRAIN FROM INTRODUCING ANY NEW QUANTITATIVE RESTRICTIONS OR MEASURES HAVING EQUIVALENT EFFECT OR FROM MAKING MORE RESTRICTIVE THE RULES EXISTING ON THE ENTRY INTO FORCE OF THE TREATY .
52 IT IS THEREFORE FOR THE NATIONAL COURT TO EXAMINE WHETHER THE MEASURES APPLICABLE AT THE TIME OF THE IMPORTS IN QUESTION , IN SO FAR AS THOSE IMPORTS TOOK PLACE BEFORE THE END OF THE TRANSITIONAL PERIOD , WERE POSSIBLY MORE RESTRICTIVE THAN THOSE WHICH EXISTED ON 1 JANUARY 1958 , THE DATE OF THE ENTRY INTO FORCE OF THE TREATY .
53 THE REPLY TO BE GIVEN TO THE QUESTION PUT IS , THEREFORE , THAT DURING THE TRANSITIONAL PERIOD NATIONAL RULES MAKING THE IMPORTATION OF PRODUCTS COMING FROM AND IN FREE CIRCULATION IN A MEMBER STATE AND ORIGINATING IN A THIRD COUNTRY SUBJECT TO AN APPLICATION FOR AUTHORIZATION FOR THE PURPOSES OF A POSSIBLE APPLICATION OF ARTICLE 115 OF THE TREATY DID NOT CONSTITUTE A QUANTITATIVE RESTRICTION PROHIBITED BY THE TREATY IN SO FAR AS THAT REQUIREMENT DID NOT RENDER MORE ONEROUS THE RULES APPLICABLE ON THE ENTRY INTO FORCE OF THE TREATY .
Decision on costs
COSTS
54 THE COSTS INCURRED BY THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE COMMISSION OF THE EUROPEAN COMMUNITIES WHICH SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE .
55 AS THESE PROCEEDINGS ARE , SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , COSTS ARE