Avis juridique important

Judgment of the Court of 14 March 1990. - Commission of the European Communities v Italian Republic. - Failure of a Member State to fulfil its obligations - Free movement of goods - Levying of a charge on the importation of live animals - Charge having an effect equivalent to a customs duty. - Case C-137/89. European Court reports 1990 Page I-00847 Pub.RJ Page Pub somm

Summary Parties Operative part

++++

Free movement of goods - Customs duties - Charges having an equivalent effect - Charging to importers of live animals the cost of telegrams sent between customs authorities and national veterinary and health authorities - Not permissible

( EEC Treaty, Art . 12 et seq .)

The charging by a Member State to importers of live animals from other Member States of the cost of telegrams which, pursuant to national rules, veterinary inspectors at customs posts send to the competent national veterinary and health authorities represents a failure by that Member State to fulfil its obligations under Article 12 et seq . of the Treaty .

That charge, imposed unilaterally on goods by reason of the fact that they cross a border, constitutes a charge having an effect equivalent to a customs duty ( see, in particular, the judgment of 30 May 1989 in Case 340/87 Commission v Italy (( 1989 )) ECR 1483 ) and cannot escape that classification either as being part of a general system of internal dues applied systematically and in accordance with the same criteria to domestic products and imported and exported products alike ( see judgment of 31 May 1979 in Case 132/78 Denkavit v France (( 1979 )) ECR 1923 ) or as being the payment for a service actually rendered to the economic operator of a sum in proportion to the service ( see the judgments of 25 January 1977 in Case 46/76 Bauhuis v Netherlands (( 1977 )) ECR 5 and of 9 November 1983 in Case 158/82 Commission v Denmark (( 1983 )) ECR 3573 ) because the charge neither confers a specific and definite advantage on the economic operator ( see, in particular, the judgments of 1 July 1969 in Case 24/68 Commission v Italy (( 1969 )) ECR 193 and of 30 May 1989 in Case 340/87, cited above ) nor attaches to inspections carried out to fulfil obligations imposed by Community law ( see judgments of 25 January 1977 in Case 46/76, already cited, and of 27 September 1988 in Case 18/87 Commission v Germany (( 1988 )) ECR 5427 ).

In Case C-137/89

Commission of the European Communities, represented by Guido Berardis, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, also a member of the Commission' s Legal Department, Wagner Centre, Kirchberg,

applicant,

v

Italian Republic, represented by Professor Luigi Ferrari Bravo, Head of the Legal Department at the Ministry of Foreign Affairs, acting as Agent, assisted by Ivo Braguglia, avvocato dello Stato, with an address for service in Luxembourg at the Italian Embassy, 5 rue Marie-Adélaïde,

defendant,

APPLICATION for a declaration that by charging importers of live animals from other Member States the cost of telegrams which, pursuant to national legislation, veterinary inspectors at customs posts send to the competent national veterinary and health authorities, the Italian Republic has failed to fulfil its obligations under Article 12 et seq . of the EEC Treaty,

THE COURT

composed of : O . Due, President, C . N . Kakouris and F . A . Schockweiler ( Presidents of Chambers ), R . Joliet, T . F . O' Higgins, G . C . Rodríguez Iglesias and M . Diez de Velasco, Judges;

( the grounds of the judgment are not reproduced )

declares as follows :

( 1)By charging importers of live animals from other Member States the cost of telegrams which, pursuant to national rules, veterinary inspectors at customs posts send to the competent national veterinary and health authorities, the Italian Republic has failed to fulfil its obligations under Article 12 et seq . of the EEC Treaty .

( 2)The Italian Republic is ordered to pay the costs .