RATES FOR INLAND TRAFFIC ALLOTTED UNDER THE QUEUING SYSTEM . THEY TAKE NO PART, ON THE OTHER HAND, IN THE FIXING OF PRICES FOR INTERNATIONAL TRAFFIC . HOWEVER, MINIMUM PRICES ARE NEGOTIATED BETWEEN THE CHAMBRE NATIONAL DES COURTIERS EN FRETS FLUVIAUX ( NATIONAL CHAMBER OF INLAND WATERWAY FORWARDING AGENTS ), AN ORGANIZATION GOVERNED BY PUBLIC LAW OF WHICH FORWARDING AGENTS ARE MEMBERS, AND ANTIB .
BACKGROUND TO THE CASE
8 ANTIB IS A TRADE ASSOCIATION SET UP IN 1978 BY FRENCH BOATMEN PENDING THE ESTABLISHMENT OF A NATIONAL CHAMBER OF WATERWAY CARRIERS, WITH THE PURPOSE OF INFORMING THE AUTHORITIES ON ALL QUESTIONS OF GENERAL INTEREST CONCERNING THE ACTIVITIES OF SELF-EMPLOYED WATERWAY CARRIERS AND OF PROMOTING ANY MEASURES INTENDED TO IMPROVE THEIR SITUATION . ACCORDING TO ITS CONSTITUTION, ONLY NATURAL PERSONS WHO OPERATE ONE OR MORE VESSELS REGISTERED IN FRANCE MAY BECOME MEMBERS OF THE ASSOCIATION . THE SAME CONDITION APPLIES TO FOREIGN BOATMEN, WHO IN ANY EVENT CAN NEVER ACQUIRE VOTING RIGHTS .
9 ON 13 JUNE 1983 AN INTER-ASSOCIATION AGREEMENT WAS ENTERED INTO BETWEEN ANTIB AND THE CHAMBRE NATIONALE DES COURTIERS FLUVIAUX UNDER WHICH THE FORWARDING AGENTS WERE TO DEDUCT A LEVY OF 10% ON FREIGHTS FOR EXPORT TRAFFIC FROM FRANCE ALLOCATED UNDER THE QUEUING SYSTEM, WHETHER THE CARGOES WERE CARRIED BY FRENCH BOATMEN OR BY BOATMEN WHO WERE NATIONALS OF OTHER MEMBER STATES ( HEREINAFTER REFERRED TO AS THE "EATE LEVY "). THE SUMS COLLECTED IN THAT MANNER WERE TO BE PLACED AT THE DISPOSAL OF A COOPERATIVE ASSOCIATION, THE ENTREPRISE ARTISANALE DE TRANSPORT PAR EAU ( BOATMEN' S COOPERATIVE, HEREINAFTER REFERRED TO AS "EATE "), WHICH WAS TO BE SET UP FOR THE PURPOSE OF PROMOTING INLAND WATERWAY TRAFFIC UNDER THE QUEUING SYSTEM, AS SOON AS THE NECESSARY LEGISLATION HAD BEEN PASSED .
10 IN THAT REGARD THE AGREEMENT STATED THAT THE EATE LEVIES SO COLLECTED AND NOT REFUNDED TO NON-MEMBERS OF THAT ORGANIZATION, TOGETHER WITH OTHER MONIES ( IN PARTICULAR SUBSIDIES AND SPECIAL TAXES ), WERE TO CONSTITUTE A "REGULATION FUND" OF WHICH A "SMALL PART" WAS TO COVER EATE' S RUNNING COSTS AND "THE MAIN PART" WOULD BE USED FOR THE BENEFIT OF THE ENTIRE TRADE . AS THE APPLICANT ADMITS, IT FOLLOWS FROM THAT PROVISION OF THE AGREEMENT THAT THE LEVY WOULD NOT IN ANY EVENT BE REFUNDED TO BOATMEN WHO WERE NOT MEMBERS OF EATE . THE INTENTION OF THE PARTIES TO THE AGREEMENT WAS THUS TO ENCOURAGE THE GREATEST POSSIBLE NUMBER OF BOATMEN TO BECOME MEMBERS OF EATE .
11 ABOUT FF*5*MILLION WERE COLLECTED UNDER THE EATE LEVY . COLLECTION OF THE LEVY CEASED IN OCTOBER 1983 BECAUSE OF COMPLAINTS TO THE FRENCH GOVERNMENT AND TO THE COMMISSION BY BELGIAN AND DUTCH BOATMEN AND BECAUSE OF RETALIATORY MEASURES IMPOSED IN BELGIUM AND THE NETHERLANDS BY THE BOATMEN' S UNIONS .
12 IT WAS LAW 83-657 OF 20 JULY 1983 ON THE DEVELOPMENT OF COLLECTIVE ECONOMIC ACTIVITIES ( OFFICIAL JOURNAL OF THE FRENCH REPUBLIC, 21.7.1983 ) WHICH, WITH A VIEW TO ENABLING SELF-EMPLOYED