ON CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT IMPOSE PRECISE AND CLEARLY-DEFINED OBLIGATIONS ON MEMBER STATES WHICH DO NOT REQUIRE ANY SUBSEQUENT INTERVENTION BY COMMUNITY OR NATIONAL AUTHORITIES FOR THEIR IMPLEMENTATION . FOR THIS REASON, THESE PROVISIONS DIRECTLY CONFER RIGHTS ON INDIVIDUALS CONCERNED .
5 . WITHOUT PREJUDICE TO ANY LIMITATIONS WHICH MIGHT BE IMPOSED IN ORDER TO ATTAIN THE OBJECTIVES OF THE COMMON CUSTOMS TARIFF, PECUNIARY CHARGES OTHER THAN CUSTOMS DUTIES PECUNIARY CHARGES OTHER THAN CUSTOMS DUTIES IN THE STRICT SENSE APPLIED BY A MEMBER STATE BEFORE THE INTRODUCTION OF THAT TARIFF ON GOODS IMPORTED DIRECTLY FROM THIRD COUNTRIES ARE NOT, ACCORDING TO THE TREATY, INCOMPATIBLE WITH THE REQUIREMENTS CONCERNING THE GRADUAL ALIGNMENT OF NATIONAL CUSTOMS TARIFFS ON THE COMMON EXTERNAL TARIFF .
Parties
IN JOINED CASES 2 AND 3/69
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE VREDERECHTER, ANTWERP ( SECOND CANTON ), FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
SOCIAAL FONDS VOOR DE DIAMANTARBEIDERS, ANTWERP,
AND
SA CH . BRACHFELD AND SONS, ANTWERP,
( CASE 2/69 )
SOCIAAL FONDS VOOR DE DIAMANTARBEIDERS, ANTWERP,
AND
CHOUGAL DIAMOND CO ., ANTWERP,
( CASE 3/69 )
Subject of the case
ON THE INTERPRETATION OF ARTICLES 9, 12, 13, 18, 37 AND 95 OF THE TREATY,
Grounds
1 BY JUDGMENT OF 24 DECEMBER 1968, RECEIVED AT THE COURT REGISTRY ON 16 JANUARY 1969, THE VREDERECHTER OF THE SECOND CANTON OF ANTWERP REFERRED TO THE COURT, UNDER ARTICLE 177 OF THE TREATY ESTABLISHING THE EEC, SEVERAL QUESTIONS CONCERNING THE INTERPRETATION OF ARTICLES 9, 12, 13, 18 AND 95 OF THE EEC TREATY .
2/4 WITH THE EXCEPTION OF QUESTION NO 5(C ), THE PURPOSE OF THESE QUESTIONS IS ESSENTIALLY TO CLARIFY THE CONCEPT OF A CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY, REFERRED TO IN ARTICLES 9 AND 12 OF THE EEC TREATY, AND THE SCOPE OF THE PROHIBITION LAID DOWN THEREIN . THE SAME PURPOSE IS PRESENT IN THE REFERENCES MADE TO ARTICLES 18, 37 AND 95 WITH A VIEW TO COMPARING AND DISTINGUISHING ARTICLES 9 AND 12 . THESE QUESTIONS MUST THEREFORE BE CONSIDERED IN THEIR ENTIRETY .
5/6 ACCORDING TO ARTICLE 9, THE COMMUNITY SHALL BE BASED UPON A CUSTOMS UNION FOUNDED UPON THE PROHIBITION BETWEEN MEMBER STATES OF CUSTOMS DUTIES AND OF " ALL CHARGES HAVING EQUIVALENT EFFECT ", AND THE ADOPTION OF A COMMON CUSTOMS TARIFF IN THEIR RELATIONS WITH THIRD COUNTRIES . ARTICLE 12 PROHIBITS THE INTRODUCTION OF " NEW CUSTOMS DUTIES ON IMPORTS...OR ANY CHARGES HAVING EQUIVALENT EFFECT ".
7/10 THE POSITION OF THESE ARTICLES AT THE BEGINNING OF THAT PART OF THE TREATY RESERVED FOR THE " FOUNDATIONS OF THE COMMUNITY ", ARTICLE 9 BEING THE FIRST PROVISION APPEARING AT THE VERY BEGINNING OF THE TITLE DEALING WITH THE " FREE MOVEMENT OF GOODS " AND ARTICLE 12 HEADING THE SECTION ON THE " ELIMINATION OF CUSTOMS DUTIES BETWEEN MEMBER STATES ", IS SUFFICIENT TO SHOW THE FUNDAMENTAL ROLE OF THE PROHIBITIONS