R. & V. Haegeman v Belgian State.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Date: 30 April 1974

Avis juridique important

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61973J0181

Judgment of the Court of 30 April 1974. - R. & V. Haegeman v Belgian State. - Reference for a preliminary ruling: Tribunal de première instance de Bruxelles - Belgium. - Case 181-73.

European Court reports 1974 Page 00449
Greek special edition Page 00245
Portuguese special edition Page 00251
Spanish special edition Page 00235
Swedish special edition Page 00281
Finnish special edition Page 00283

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

Keywords

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1 . EEC - INTERNATIONAL AGREEMENTS - CHARACTER

( EEC TREATY, ARTICLE 228, ARTICLE 238 )

2 . EEC - AGREEMENTS OF ASSOCIATION - GREECE - WINE - IMPORT INTO BENELUX - 'TREATMENT' IN PARAGRAPH 2 OF PROTOCOL NO 14 ANNEXED TO THE AGREEMENT - MEANING

3 . EEC - AGREEMENTS OF ASSOCIATION - GREECE - WINE - IMPORT INTO BELGIUM AND LUXEMBOURG - COUNTERVAILING CHARGE - CHARACTER AS A LEVY

( AGREEMENT OF ASSOCIATION WITH GREECE, PROTOCOL NO 12 )

4 . EEC - AGREEMENTS OF ASSOCIATION - GREECE - WINE - IMPORT INTO BELGIUM AND LUXEMBOURG - COUNTERVAILING CHARGE - CHARACTER - APPLICATION - ARTICLES 41 AND 43 OF THE AGREEMENT OF ASSOCIATION - IRRELEVANCE

Summary

1 . AN AGREEMENT CONCLUDED BY THE COUNCIL UNDER ARTICLES 228 AND 238 OF THE EEC TREATY IS, AS FAR AS CONCERNS THE COMMUNITY, AN ACT OF ONE OF THE INSTITUTIONS OF THE COMMUNITY THE MEANING OF SUBPARAGRAPH ( B ) OF THE FIRST PARAGRAPH OF ARTICLE 177 .

FROM THE DATE IT COMES INTO FORCE, ITS PROVISIONS FORM AN INTEGRAL PART OF COMMUNITY LAW .

2 . THE WORD 'TREATMENT' IN PARAGRAPH 2 OF PROTOCOL NO 14 ANNEXED TO THE AGREEMENT OF ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE MUST BE UNDERSTOOD AS REFERRING ONLY TO QUESTIONS OF CUSTOMS DUTIES AND QUANTITATIVE RESTRICTIONS .

3 . THE COUNTERVAILING CHARGE IMPOSED ON GREEK WINES IMPORTED INTO BELGIUM AND THE GRAND DUCHY OF LUXEMBOURG UNDER ARTICLE 9 ( 3 ) OF REGULATION NO 816/70 CONSTITUTES A LEVY WITHIN THE MEANING OF PROTOCOL NO 12 ANNEXED TO THE AGREEMENT OF ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE AND CANNOT, UNDER THE TERMS OF THAT PROTOCOL, BE CONSIDERED EITHER AS A CUSTOMS DUTY OR AS A CHARGE HAVING EQUIVALENT EFFECT WITHIN THE MEANING OF ARTICLE 37 ( 2 ) OF THAT AGREEMENT .

4 . ARTICLES 41 AND 43 OF THE AGREEMENT CREATING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE HAVE NO BEARING ON THE APPLICATION OF THE COUNTERVAILING CHARGE ESTABLISHED BY ARTICLE 9 ( 3 ) OF REGULATION NO 816/70 .

THIS CHARGE IS A MEASURE FOR STABILIZING IMPORTS, AND FORMS AN ESSENTIAL PART OF THE COMMON ORGANIZATION OF THE MARKET IN WINE, WHEREAS THE MEASURES PROVIDED FOR BY THOSE ARTICLES ARE DESIGNED SOLELY TO DEAL WITH DIFFICULTIES DUE TO ABNORMAL MARKET CONDITIONS .

Parties

IN CASE 181/73

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE TRIBUNAL DE PREMIERE INSTANCE OF BRUSSELS FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

LA SOCIETE DE PERSONNES A RESPONSABILITE LIMITEE R . AND V . HAEGEMAN, BRUSSELS,

AND

THE BELGIAN STATE, IN THE PERSON OF THE MINISTER OF ECONOMIC AFFAIRS, BRUSSELS,

Subject of the case

ON THE INTERPRETATION OF CERTAIN PROVISIONS OF THE AGREEMENT OF ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE SIGNED AT ATHENS ON 9 JULY 1961 AND OF PROTOCOL NO 14 MENTIONED IN THE FINAL ACT OF THAT AGREEMENT, AND ON THE VALIDITY OF THE COUNTERVAILING CHARGE IMPOSED BY ARTICLE 9 ( 3 ) OF REGULATION NO 816/70 OF THE COUNCIL DATED 28 APRIL 1970, AS APPLID TO GREEK WINE IMPORTED INTO BELGIUM AND THE GRAND DUCHY OF LUXEMBOURG,

Grounds

1 BY JUDGMENT DATED 17 OCTOBER 1973, REGISTERED AT THE COURT OF JUSTICE ON 7 NOVEMBER 1973, THE TRIBUNAL DE PREMIERE INSTANCE OF BRUSSELS, UNDER ARTICLE...