THAT WHEN THE TRANSITIONAL PERIOD HAS ENDED NO DISCRIMINATION REGARDING THE CONDITIONS UNDER WHICH GOODS ARE PROCURED AND MARKETED EXISTS BETWEEN THE NATIONALS OF MEMBER STATES .
5 WITHOUT REQUIRING THE ABOLITION OF THE SAID MONOPOLIES , THIS PROVISION PRESCRIBES IN MANDATORY TERMS THAT THEY MUST BE ADJUSTED IN SUCH A WAY AS TO ENSURE THAT WHEN THE TRANSITIONAL PERIOD HAS ENDED SUCH DISCRIMINATION SHALL CEASE TO EXIST .
6 FOR THE PURPOSES OF INTERPRETING ARTICLE 37 AS REGARDS THE NATURE AND SCOPE OF THE ADJUSTMENT PRESCRIBED IT MUST BE CONSIDERED IN ITS CONTEXT IN RELATION TO THE OTHER PARAGRAPHS OF THE SAME ARTICLE AND IN ITS PLACE IN THE GENERAL SCHEME OF THE TREATY .
7 THIS ARTICLE COMES UNDER THE TITLE ON THE FREE MOVEMENT OF GOODS AND IN PARTICULAR UNDER CHAPTER II ON THE ABOLITION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES .
IT APPLIES TO ANY BODY THROUGH WHICH A MEMBER STATE EITHER DIRECTLY OR INDIRECTLY SUPERVISES , DETERMINES OR APPRECIABLY INFLUCENCES IMPORTS OR EXPORTS BETWEEN MEMBER STATES .
8 FURTHERMORE , ARTICLE 37 ( 2 ) REFERS TO THE OBLIGATION ON ALL MEMBER STATES TO REFRAIN AS FROM THE BEGINNING OF THE TRANSITIONAL PERIOD FROM INTRODUCING ANY NEW MEASURES LIKELY TO RESTRICT THE SCOPE OF THE ARTICLES DEALING WITH THE ABOLITION OF CUSTOMS DUTIES AND QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES .
ARTICLE 37 ( 3 ), MOREOVER , PROVIDES THAT THE TIME-TABLE FOR ADJUSTMENT PROVIDED FOR IN PARAGRAPH ( 1 ) MUST BE HARMONIZED WITH THE ABOLITION OF QUANTITATIVE RESTRICTIONS ON THE SAME PRODUCTS PROVIDED FOR IN ARTICLES 30 TO 34 .
9 IT FOLLOWS FROM THESE PROVISIONS AND THEIR STRUCTURE THAT THE OBLIGATION LAID DOWN IN PARAGRAPH ( 1 ) AIMS AT ENSURING COMPLIANCE WITH THE FUNDAMENTAL RULE OF THE FREE MOVEMENT OF GOODS THROUGHOUT THE COMMON MARKET , IN PARTICULARY BY THE ABOLITION OF QUANTITATIVE RESTRICTIONS AND MEASURES HAVING EQUIVALENT EFFECT IN TRADE BETWEEN MEMBER STATES .
10 THIS OBJECTIVE WOULD NOT BE ATTAINED IF , IN A MEMBER STATE WHERE A COMMERCIAL MONOPOLY EXISTS , THE FREE MOVEMENT OF GOODS FROM OTHER MEMBER STATES SIMILAR TO THOSE WITH WHICH THE NATIONAL MONOPOLY IS CONCERNED WERE NOT ENSURED .
11 THE COUNCIL ' S RESOLUTION OF 21 APRIL 1970 ON NATIONAL MONOPOLIES OF A COMMERCIAL CHARACTER IN MANUFACTURED TOBACCO ITSELF REFERS TO THE OBLIGATION TO ABOLISH EXCLUSIVE RIGHTS TO IMPORT AND MARKET MANUFACTURED TOBACCO .
12 THE EXCLUSIVE RIGHT TO IMPORT MANUFACTURED PRODUCTS OF THE MONOPOLY IN QUESTION THUS CONSTITUTES , IN RESPECT OF COMMUNITY EXPORTERS , DISCRIMINATION PROHIBITED BY ARTICLE 37 ( 1 ).
13 THE ANSWER TO THE FIRST QUESTION SHOULD THEREFORE BE THAT ARTICLE 37 ( 1 ) OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT AS FROM 31 DECEMBER 1969 EVERY NATIONAL MONOPOLY OF A COMMERCIAL CHARACTER MUST BE ADJUSTED SO AS TO ELIMINATE THE EXCLUSIVE RIGHT TO IMPORT FROM OTHER MEMBER STATES .
14 THE SECOND QUESTION ASKS WHETHER ARTICLE 37 ( 1 ) OF THE TREATY