Società Italiana per l'Oleodotto Transalpino (SIOT) v Ministero delle finanze, Ministero della marina mercantile, Circoscrizione doganale di Trieste and Ente autonomo del porto di Trieste.
Date: 1983-03-16
16 THE CUSTOMS UNION ESTABLISHED BY PART TWO , TITLE I , CHAPTER 1 OF THE EEC TREATY NECESSARILY IMPLIES THAT THE FREE MOVEMENT OF GOODS BETWEEN MEMBER STATES SHOULD BE ENSURED . THAT FREEDOM COULD NOT ITSELF BE COMPLETE IF IT WERE POSSIBLE FOR THE MEMBER STATES TO IMPEDE OR INTERFERE IN ANY WAY WITH THE MOVEMENT OF GOODS IN TRANSIT . IT IS THEREFORE NECESSARY , AS A CONSEQUENCE OF THE CUSTOMS UNION AND IN THE MUTUAL INTEREST OF THE MEMBER STATES , TO ACKNOWLEDGE THE EXISTENCE OF A GENERAL PRINCIPLE OF FREEDOM OF TRANSIT OF GOODS WITHIN THE COMMUNITY . THAT PRINCIPLE IS , MOREOVER , CONFIRMED BY THE REFERENCE TO ' ' TRANSIT ' '  IN ARTICLE 36 OF THE TREATY .
18 MOREOVER , IT IS NECESSARY TO STRESS , AS THE COURT DID IN ITS JUDGMENT OF 13 DECEMBER 1973 IN JOINED CASES 37 AND 38/73 , SOCIAAL FONDS VOOR DE DIAMANTARBEIDERS V N.V . INDIAMEX AND ASSOCIATION DE FAIT DE BELDER , ( 1973 )     ECR 1609 , THAT , ALTHOUGH THE PROHIBITION OF CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES APPEARS ONLY IN SECTION 1 OF THE CHAPTER OF THE TREATY RELATING TO THE CUSTOMS UNION ( ARTICLES 12 TO 17 ), WHICH RELATES TO PRODUCTS IN FREE CIRCULATION IN THE MEMBER STATES , AND NOT IN SECTION 2 OF THE SAME CHAPTER ( ARTICLES 18 TO 29 ), WHICH CONCERNS PRODUCTS IMPORTED DIRECTLY FROM A NON-MEMBER COUNTRY , THAT DOES NOT MEAN THAT SUCH CHARGES MAY BE INTRODUCED OR MAINTAINED IN RELATION TO THOSE PRODUCTS . AS WAS ALSO POINTED OUT IN THE JUDGMENT CITED , THE ESTABLISHMENT OF THE COMMON CUSTOMS TARIFF IS INTENDED TO ACHIEVE AN EQUALIZATION OF CUSTOMS CHARGES LEVIED AT THE FRONTIERS OF THE COMMUNITY ON PRODUCTS IMPORTED FROM NON-MEMBER COUNTRIES , IN ORDER TO AVOID ANY DEFLEXION OF TRADE IN RELATIONS WITH THOSE COUNTRIES AND ANY DISTORTION OF FREE INTERNAL CIRCULATION OR OF COMPETITIVE CONDITIONS . FOR THE SAME REASONS , THE FACT THAT THE SAME PROVISIONS DO NOT CONTAIN ANY EXPRESS PROHIBITION OF TRANSIT CHARGES CANNOT MEAN THAT SUCH CHARGES MAY BE INTRODUCED OR MAINTAINED BY THE MEMBER STATES , SINCE THE VERY PRINCIPLE ON WHICH THEY ARE BASED IS INCOMPATIBLE WITH A CUSTOMS UNION AND A FORTIORI WITH THE PRINCIPLE OF THE FREE MOVEMENT OF GOODS , WHICH IS THE VERY FOUNDATION OF THE COMMON MARKET .
19 IT MUST THEREFORE BE ACCEPTED THAT THE MEMBER STATES WOULD CONTRAVENE THE PRINCIPLE OF FREEDOM OF TRANSIT WITHIN THE COMMUNITY IF THEY WERE TO APPLY TO GOODS IN TRANSIT THROUGH THEIR TERRITORY TRANSIT DUTIES OR OTHER CHARGES IMPOSED IN RESPECT OF TRANSIT .
28 SINCE THAT PROVISION CANNOT HAVE DIRECT EFFECT IN THE FRAMEWORK OF COMMUNITY LAW FOR THE REASONS WHICH WERE STATED BY THE COURT IN ITS JUDGMENT OF 12 DECEMBER 1972 IN JOINED CASES 21 TO 24/72 , INTERNATIONAL FRUIT COMPANY V PRODUKTSCHAP VOOR GROENTEN EN FRUIT , ( 1972 ) ECR 1219 , AND WHICH ARE STILL VALID , INDIVIDUALS MAY NOT RELY UPON IT IN ORDER TO CHALLENGE THE IMPOSITION OF A CHARGE SUCH AS THE LOADING AND UNLOADING CHARGE ON GOODS IN TRANSIT TO AUSTRIA . THAT IN NO WAY AFFECTS THE COMMUNITY ' S OBLIGATION TO ENSURE THAT THE PROVISIONS OF GATT ARE OBSERVED IN ITS RELATIONS WITH NON-MEMBER STATES WHICH ARE PARTIES TO GATT .
29 AS REGARDS ARTICLE 113 OF THE TREATY , ALTHOUGH THAT PROVISION CONFERS UPON THE COMMUNITY POWERS WHICH ENABLE IT TO TAKE ANY APPROPRIATE MEASURE CONCERNING THE COMMON COMMERCIAL POLICY , IT NEVERTHELESS DOES NOT IN ITSELF CONTAIN ANY LEGAL CRITERION WHICH IS SUFFICIENTLY PRECISE TO ENABLE AN ASSESSMENT OF THE CONTESTED TRANSIT RULES TO BE MADE .