Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords

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1 . MEMBER STATES - GENERAL OBLIGATION

( EEC TREATY, ARTICLE 5 )

2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - RICE - EXTERNAL TRADE OF THE COMMUNITY - CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION - OBJECT

( REGULATION NO 359/67 OF THE COUNCIL, ARTICLE 20 )

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKET - RICE - INTERNAL TRADE OF THE COMMUNITY - CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION - OBJECT

( REGULATION NO 359/67 OF THE COUNCIL, ARTICLE 23 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - RICE - INTERNAL AND EXTERNAL TRADE OF THE COMMUNITY - QUANTITATIVE RESTRICTIONS - PROHIBITION

( REGULATION NO 359/67 OF THE COUNCIL, ARTICLE 20 ( 2 ), ARTICLE 23 )

5 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - PROHIBITION - OBJECT

( EEC TREATY, ARTICLE 30 AND 34 )

Summary

1 . IN PROVIDING THAT MEMBER STATES SHALL TAKE ALL APPROPRIATE MEASURES TO ENSURE FULFILMENT OF THEIR OBLIGATIONS AND THAT THEY SHALL ABSTAIN FROM ANY MEASURE WHICH COULD JEOPARDISE THE ATTAINMENT OF THE OBJECTIVES OF THE TREATY, ARTICLE 5 PLACES A GENERAL OBLIGATION ON MEMBER STATES THE PRECISE TENOR OF WHICH IN EACH PARTICULAR CASE DEPENDS ON THE PROVISIONS OF THE TREATY OR THE RULES WHICH EMERGE FROM ITS GENERAL FRAMEWORK .

2 . THE PROHIBITION OF THE LEVYING OF ANY CUSTOMS DUTY OR CHARGE HAVING EQUIVALENT EFFECT, CONTAINED IN ARTICLE 20 ( 2 ) OF REGULATION NO 359/67, COVERS ANY CHARGE LEVIED AT THE TIME OF OR BY REASON OF IMPORTS OR EXPORTS TO A THIRD COUNTRY .

3 . THE PROHIBITION OF THE LEVYING OF ANY CUSTOMS DUTY OR CHARGE HAVING EQUIVALENT EFFECT IN TRADE WITHIN THE COMMUNITY, CONTAINED IN ARTICLE 23 OF REGULATION NO 359/67, COVERS ANY PECUNIARY CHARGE LEVIED AT THE TIME OF OR BY REASON OF IMPORTS OR EXPORT OF THE PRODUCT IN QUESTION WHICH, BY CHANGING THE COST PRICE, HAS ON THE FREE MOVEMENT OF GOODS THE EQUIVALENT EFFECT OF A CUSTOMS DUTY . THIS DOES NOT APPLY TO AN INTERNAL TAX LEVIED EXCLUSIVELY ON NATIONAL PRODUCTS SUBJECT TO A CONTRACT AND THE PURPOSE OF WHICH IS TO PROVIDE FUNDS TO ASSIST NATIONAL PRODUCTION . SUCH A TAX COULD ONLY INFRINGE THE PROVISIONS OF REGULATION NO 359/67 RELATING TO EXPORT REFUNDS IF IT WOULD APPEAR TO BE A MEANS OF REDUCING THE AMOUNT OF SUCH REFUNDS .

4 . THE PROHIBITION OF ALL QUANTITATIVE RESTRICTIONS OR MEASURES HAVING EQUIVALENT EFFECT CONTAINED IN ARTICLE 20 ( 2 ) OF REGULATION NO 359/67 HAS AMONG ITS OBJECTS THE PREVENTION OF MEMBER STATES FROM UNILATERALLY ADOPTING MEASURES RESTRICTING EXPORT TO THIRD COUNTRIES UNLESS THEY ARE PROVIDED FOR IN REGULATIONS . THE PROHIBITION, UNDER ARTICLE 23, OF SUCH A MEASURE IN THE INTERNAL TRADE OF THE COMMUNITY IS DESIGNED TO ENSURE THE FREE MOVEMENT OF GOODS WITHIN THE COMMUNITY .

5 . THE PROHIBITION OF QUANTITATIVE RESTRICTIONS AND MEASURES HAVING EQUIVALENT EFFECT COVERS ANY TOTAL OR PARTIAL PROHIBITION ON IMPORTS, EXPORTS OR GOODS IN TRANSIT AND ANY ENCUMBRANCE HAVING THE SAME EFFECT .

Parties

IN CASE 2/73

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE PRETORE OF MILAN, BY ORDER DATED 11 JANUARY 1973, FOR A PRELIMINARY RULING IN PROCEEDINGS PENDING BEFORE HIM FOR AN INJUNCTION, BETWEEN

RISERIA LUIGI GEDDO,

AND

ENTE NAZIONALE RISI,

Subject of the case

ON THE INTERPRETATION OF ARTICLES 5 AND 40 ( 3 ) OF THE EEC TREATY AND OF CERTAIN PROVISIONS OF REGULATION NO 359/67/EEC OF THE COUNCIL OF 25 JULY 1967, ON THE COMMON ORGANIZATION OF THE MARKET IN RICE,

Grounds

1 BY ORDER DATED 11 JANUARY 1973, RECEIVED AT THE REGISTRY OF THE COURT ON 16 JANUARY 1973, THE PRAETOR OF MILAN REFERRED, UNDER ARTICLE 177 OF THE EEC TREATY, SEVERAL QUESTIONS ON THE INTERPRETATION OF ARTICLE 5, PARAGRAPHS 2 AND 3 OF ARTICLE 40 ( 3 ) AND ARTICLE 86 OF THE TREATY TOGETHER WITH CERTAIN PROVISIONS OF REGULATION NO 359/67/EEC OF THE COUNCIL OF 25 JULY, ON THE COMMON ORGANIZATION OF THE MARKET IN RICE ( OJ 31 JULY 1967, NO 174 ).

THESE QUESTIONS WERE PUT CONCERNING A PECUNIARY CHARGE, CALLED A CONTRACT DUTY, LEVIED ON THE PURCHASER OF PADDY RICE OF DOMESTIC ORIGIN IN ORDER TO FINANCE THE ACTIVITIES OF A NATIONAL RICE AUTHORITY .

ON THE FIRST SIX QUESTIONS

2 THE FIRST QUESTION ASKS WHETHER THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY, TAKEN IN CONJUNCTION WITH ARTICLE 5, PROHIBITS A MEMBER STATE FROM AUTHORIZING THE IMPOSITION OF A DUTY ON THE PURCHASE OF PADDY RICE PRODUCED IN THAT STATE FOR THE BENEFIT OF AN ORGANIZATION OTHER THAN THE STATE .

THE SECOND QUESTION ASKS WHETHER THE FACT THAT A LEVY OF THIS KIND IS NOT REPAID AT THE TIME OF EXPORT TO A MEMBER COUNTRY OR A THIRD COUNTRY CONSTITUTES DISCRIMINATION WITHIN THE MEANING OF THE SAME RULE IN ARTICLE 40, TAKEN TOGETHER WITH THE PROVISIONS OF REGULATION NO 359/67 AND OF ARTICLE 5 OF THE TREATY .

THE THIRD QUESTION ASKS WHETHER, IN AUTHORIZING SUCH A LEVY, WITHOUT AT THE SAME TIME PROVIDING FOR THE OBLIGATION TO REPAY IT ON EXPORT, THE COMMUNITY ITSELF HAS FAILED TO COMPLY WITH THE OBLIGATIONS PLACED ON IT BY THE THIRD SUBPARAGRAPH OF ARTICLE 40 ( 3 ), TAKEN TOGETHER WITH THE PROVISIONS OF REGULATION NO 359/67/EEC .

THE FOURTH QUESTION ASKS WHETHER THE PROVISIONS OF THE SECOND AND THIRD SUBPARAGRAPHS OF ARTICLE 40 ( 3 ) ARE DIRECTLY APPLICABLE WITHI