REGULATION NO 816/70 CONSTITUTES A LEVY WITHIN THE MEANING OF PROTOCOL NO 12 ANNEXED TO THE AGREEMENT OF ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE AND CANNOT, UNDER THE TERMS OF THAT PROTOCOL, BE CONSIDERED EITHER AS A CUSTOMS DUTY OR AS A CHARGE HAVING EQUIVALENT EFFECT WITHIN THE MEANING OF ARTICLE 37 ( 2 ) OF THAT AGREEMENT .
31 THE THIRD QUESTION ASKED IS WHETHER, UNDER ARTICLE 43 OF THE ATHENS AGREEMENT, THE COMMISSION OF THE EUROPEAN COMMUNITIES IS EMPOWERED TO DETERMINE ON ITS OWN, I.E ., WITHOUT REFERENCE TO THE COUNCIL OF ASSOCIATION, THE AMOUNT OF THE COUNTERVAILING CHARGE TO BE IMPOSED ON IMPORTS OF GREEK WINE INTO THE TERRITORY OF THE EEC, AND THE WAY IN WHICH IT IS TO BE COLLECTED .
32 THE FOURTH QUESTION IS WHETHER, ASSUMING THAT THE CONDITIONS FOR APPLYING ARTICLE 41 OF THE AGREEMENT OF ASSOCIATION ARE SATISFIED, IT IS LAWFUL FOR THE COMMISSION OF THE EUROPEAN COMMUNITIES TO PUT THE PROTECTIVE MEASURES FOR WHICH IT PROVIDES INTO OPERATION OTHERWISE THAN BY A SYSTEM OF MINIMUM PRICES, AND, MORE PARTICULARLY, BY A SYSTEM OF COUNTERVAILING CHARGES LEVIED BY THE COMMUNITY .
33 ARTICLES 41 AND 43 OF THE AGREEMENT DEAL WITH SPECIAL CASES CHARACTERIZED EITHER BY A DISTURBANCE LIKELY TO JEOPARDIZE THE ATTAINMENT OF THE OBJECTIVES SET OUT IN ARTICLE 37 OF THE EEC TREATY, OR BY THE EXISTENCE OF A DAMAGING EFFECT ON THE MARKET OF ONE OR MORE MEMBER STATES OR OF THE COMMUNITY, ON THE ONE HAND, OR OF GREECE, ON THE OTHER .
34 IT APPEARS FROM THESE PROVISIONS THAT THE MEASURES LAID DOWN THEREIN HAVE THE SOLE OBJECT OF COPING WITH DIFFICULTIES DUE TO ABNORMAL MARKET SITUATIONS .
35 THE DISPUTED COUNTERVAILING CHARGE, ON THE OTHER HAND, IS A MEASURE FOR STABILIZING IMPORTS, AND FORMS AN ESSENTIAL PART OF THE COMMON ORGANIZATION OF THE MARKET IN WINE .
36 ARTICLES 41 AND 43 OF THE AGREEMENT THEREFORE HAVING NO BEARING ON THE APPLICATION OF THIS CHARGE, THE QUESTIONS RELATING TO THEIR INTERPRETATION ARE IN THE CIRCUMSTANCES IRRELEVANT .
Decision on costs
37 THE COSTS INCURRED BY THE BELGIAN STATE AND THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE .
38 AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT, COSTS ARE A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE TRIBUNAL DE PREMIERE INSTANCE OF BRUSSELS BY JUDGMENT OF THAT COURT DATED 17 OCTOBER 1973, HEREBY RULES :
1 . THE WORD 'TREATMENT' IN PARAGRAPH 2 OF PROTOCOL NO 14 ANNEXED TO THE AGREEMENT CREATING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE MUST BE UNDERSTOOD AS REFERRING ONLY TO QUESTIONS OF CUSTOMS DUTIES AND QUANTITATIVE RESTRICTIONS .
2 . THE COUNTERVAILING CHARGE IMPOSED ON GREEK WINES IMPORTED INTO BELGIUM AND THE GRAND DUCHY OF LUXEMBOURG UNDER