THE ACTION PENDING BEFORE THAT COURT BETWEEN
LA SOCIETE DE PERSONNES A RESPONSABILITE LIMITEE R . AND V . HAEGEMAN, BRUSSELS,
AND
THE BELGIAN STATE, IN THE PERSON OF THE MINISTER OF ECONOMIC AFFAIRS, BRUSSELS,
Subject of the case
ON THE INTERPRETATION OF CERTAIN PROVISIONS OF THE AGREEMENT OF ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE SIGNED AT ATHENS ON 9 JULY 1961 AND OF PROTOCOL NO 14 MENTIONED IN THE FINAL ACT OF THAT AGREEMENT, AND ON THE VALIDITY OF THE COUNTERVAILING CHARGE IMPOSED BY ARTICLE 9 ( 3 ) OF REGULATION NO 816/70 OF THE COUNCIL DATED 28 APRIL 1970, AS APPLID TO GREEK WINE IMPORTED INTO BELGIUM AND THE GRAND DUCHY OF LUXEMBOURG,
Grounds
1 BY JUDGMENT DATED 17 OCTOBER 1973, REGISTERED AT THE COURT OF JUSTICE ON 7 NOVEMBER 1973, THE TRIBUNAL DE PREMIERE INSTANCE OF BRUSSELS, UNDER ARTICLE 177 OF THE EEC TREATY, REFERRED PRELIMINARY QUESTIONS ON THE INTERPRETATION OF ARTICLE 9 ( 3 ) OF REGULATION NO 816/70 OF THE COUNCIL DATED 28 APRIL 1970 ( OJ 1970, L 99 ) AND OF CERTAIN PROVISIONS OF THE 'AGREEMENT CREATING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE', CONCLUDED IN VIRTUE OF THE COUNCIL'S DECISION DATED 25 SEPTEMBER 1961 AND PUBLISHED IN THE OFFICIAL JOURNAL DATED 18 FEBRUARY 1963 ( P . 293/63 ), HEREINAFTER CALLED THE ATHENS AGREEMENT .
2 UNDER THE FIRST PARAGRAPH OF ARTICLE 177 OF THE EEC TREATY 'THE COURT OF JUSTICE SHALL HAVE JURISDICTION TO GIVE PRELIMINARY RULINGS CONCERNING ... THE INTERPRETATION OF ACTS OF THE INSTITUTIONS OF THE COMMUNITY '.
3 THE ATHENS AGREEMENT WAS CONCLUDED BY THE COUNCIL UNDER ARTICLES 228 AND 238 OF THE TREATY AS APPEARS FROM THE TERMS OF THE DECISION DATED 25 SEPTEMBER 1961 .
4 THIS AGREEMENT IS THEREFORE, IN SO FAR AS CONCERNS THE COMMUNITY, AN ACT OF ONE OF THE INSTITUTIONS OF THE COMMUNITY WITHIN THE MEANING OF SUBPARAGRAPH ( B ) OF THE FIRST PARAGRAPH OF ARTICLE 177 .
5 THE PROVISIONS OF THE AGREEMENT, FROM THE COMING INTO FORCE THEREOF, FORM AN INTEGRAL PART OF COMMUNITY LAW .
6 WITHIN THE FRAMEWORK OF THIS LAW, THE COURT ACCORDINGLY HAS JURISDICTION TO GIVE PRELIMINARY RULINGS CONCERNING THE INTERPRETATION OF THIS AGREEMENT .
7 THE FIRST QUESTION ASKS FOR A DEFINITION OF THE EXACT CONTENT AND SCOPE OF THE WORD 'TREATMENT' OCCURRING IN PARAGRAPH 2 OF PROTOCOL NO 14 ANNEXED TO THE ATHENS AGREEMENT .
8 IT EMERGES FROM THE PLEADINGS THAT THE ESSENTIAL PROBLEM IS WHETHER THE 'TREATMENT' IN THIS PARAGRAPH RELATES ONLY TO CUSTOMS DUTIES AND QUOTAS OR TO THE GENERAL SYSTEM UNDER WHICH GREEK WINES ARE IMPORTED INTO THE BENELUX COUNTRIES .
9 PARAGRAPH 2 OF PROTOCOL NO 14 PROVIDES THAT :
'THE KINGDOM OF BELGIUM, THE GRAND DUCHY OF LUXEMBOURG AND THE KINGDOM OF THE NETHERLANDS SHALL APPLY TO IMPORTS FROM GREECE THE TREATMENT ACCORDED TO IMPORTS FROM GERMANY, FRANCE AND ITALY '.
10 TO INTERPRET THIS PROVISION IT IS NECESSARY TO EXAMINE IT IN