ALL LICENCES GRANTED " SYSTEM IS NOT INCOMPATIBLE WITH THE GENERAL SCHEME OF THIS REGULATION IF THE LICENCE IS DELIVERED AUTOMATICALLY TO EVERY APPLICANT FREE OF CHARGE AND WITHOUT DELAY .
Parties
IN JOINED CASES 51 TO 54/71
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE COLLEGE VAN BEROEP VOOR HET BEDRIJFSLEVEN FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
INTERNATIONAL FRUIT COMPANY NV, ROTTERDAM, ( CASE 51/71 )
KOOY ROTTERDAM NV, ROTTERDAM, ( CASE 52/71 )
VELLEMAN EN TAS NV, ROTTERDAM, ( CASE 53/71 )
JAN VAN DEN BRING' S IM - EN EXPORTHANDEL NV, ROTTERDAM, ( CASE 54/71 )
AND
PRODUKTSCHAP VOOR GROENTEN EN FRUIT, THE HAGUE,
Subject of the case
ON THE INTERPRETATION OF THE PROVISIONS OF THE EEC TREATY AND OF THE IMPLEMENTING PROVISIONS ISSUED THEREUNDER WHICH CONFER POWERS AND IMPOSE OBLIGATIONS ON THE MEMBER STATES TOGETHER WITH THE CONCEPTS OF " QUANTITATIVE RESTRICTIONS " AND " MEASURES HAVING EQUIVALENT EFFECT " REFERRED TO BY THE TREATY AND CERTAIN REGULATIONS OF THE COUNCIL .
Grounds
1 BY A JUDGMENT OF 30 JULY 1971 WHICH WAS RECEIVED AT THE COURT REGISTRY ON 2 AUGUST 1971, THE " COLLEGE VAN BEROEP VOOR HET BEDRIJFSLEVEN " REQUESTED THE COURT TO GIVE A PRELIMINARY RULING ON THE INTERPRETATION OF VARIOUS PROVISIONS OF THE TREATY AND OF RULES OF SECONDARY LAW TOGETHER WITH THE CONTENT OF VARIOUS CONCEPTS ADOPTED BY THE TREATY AND THOSE RULES .
THE FIRST QUESTION
2 THE COURT IS FIRST OF ALL ASKED WHETHER THE FACT THAT VARIOUS PROVISIONS OF THE TREATY AND OF REGULATIONS CONFER POWERS OR IMPOSE OBLIGATIONS UPON THE MEMBER STATES IMPLIES THAT THE LATTER MAY ONLY TRANSFER THOSE POWERS OR OBLIGATIONS TO NATIONAL AUTHORITIES BY EXPRESS PROVISION .
3 ALTHOUGH UNDER ARTICLE 5 OF THE TREATY THE MEMBER STATES ARE OBLIGED TO TAKE ALL APPROPRIATE MEASURES, WHETHER GENERAL OR PARTICULAR, TO ENSURE FULFILMENT OF THE OBLIGATIONS ARISING OUT OF THE TREATY, IT IS FOR THEM TO DETERMINE WHICH INSTITUTIONS WITHIN THE NATIONAL SYSTEM SHALL BE EMPOWERED TO ADOPT THE SAID MEASURES .
4 THE ANSWER TO THE FIRST QUESTION MUST THEREFORE BE THAT WHEN PROVISIONS OF THE TREATY OR OF REGULATIONS CONFER POWER OR IMPOSE OBLIGATIONS UPON THE STATES FOR THE PURPOSES OF THE IMPLEMENTATION OF COMMUNITY LAW THE QUESTION OF HOW THE EXERCISE OF SUCH POWERS AND THE FULFILMENT OF SUCH OBLIGATIONS MAY BE ENTRUSTED BY MEMBER STATES TO SPECIFIC NATIONAL BODIES IS SOLELY A MATTER FOR THE CONSTITUTIONAL SYSTEM OF EACH STATE .
SECOND QUESTION
5 THE SECOND QUESTION ASKS WHETHER THE CONCEPTS OF " QUANTITATIVE RESTRICTIONS ON IMPORTS AND MEASURES HAVING EQUIVALENT EFFECT " OR OF " QUOTAS " REFERRED TO BY ARTICLES 30 TO 32 AND 34 OF THE TREATY AND BY REGULATIONS NOS 159/66 ( OJ 1966, NO 192 ) AND 2513/69 ( OJ 1969, L 318 ) ALSO APPLY TO NATIONAL LEGISLATIVE PROVISIONS PROHIBITING IMPORTS AND EXPORTS WITHOUT A LICENCE BUT WHICH IN FACT ARE NOT APPLIED BECAUSE