SpA SACE v Finance Minister of the Italian Republic.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Date: 17 December 1970

Avis juridique important

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61970J0033

Judgment of the Court of 17 December 1970. - SpA SACE v Finance Minister of the Italian Republic. - Reference for a preliminary ruling: Tribunale civile e penale di Brescia - Italy. - Case 33-70.

European Court reports 1970 Page 01213
Danish special edition Page 00277
Greek special edition Page 00641
Portuguese special edition Page 00685
Spanish special edition Page 00301
Swedish special edition Page 00531
Finnish special edition Page 00533

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

Keywords

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1 . FREE MOVEMENT OF GOODS - CUSTOMS DUTIES - CHARGES HAVING EQUIVALENT EFFECT - PROHIBITION - DIRECT EFFECT - INDIVIDUAL RIGHTS - PROTECTION OF THESE RIGHTS BY NATIONAL COURTS

( EEC TREATY, ARTICLE 9, ARTICLE 13 ( 2 ))

2 . COMMUNITY INSTITUTIONS - COMMON PROVISIONS - DIRECTIVES - DIRECT APPLICABILITY - CONDITIONS

( EEC TREATY, ARTICLE 189 )

Summary

1 . ARTICLES 9 AND 13 ( 2 ) TAKEN TOGETHER, INVOLVE, AT THE LATEST AT THE END OF THE TRANSITIONAL PERIOD, WITH REGARD TO ALL CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES ON IMPORTS, A CLEAR AND PRECISE PROHIBITION ON EXACTING THE SAID CHARGES, WHICH IS NOT SUBJECT TO ANY RESERVATION FOR THE STATES TO SUBJECT ITS IMPLEMENTATION TO A POSITIVE ACT OF NATIONAL LAW OR TO AN INTERVENTION BY THE INSTITUTIONS OF THE COMMUNITY . THIS PROHIBITION LENDS ITSELF BY ITS VERY NATURE TO PRODUCING DIRECT EFFECTS IN THE LEGAL RELATIONS BETWEEN MEMBER STATES AND THEIR SUBJECTS . THEREFORE, FROM THE END OF THE TRANSITIONAL PERIOD, THESE PROVISIONS CONFER ON INDIVIDUALS, WITH REGARD TO ALL CHARGES HAVING EQUIVALENT EFFECT, TO WHICH SUCH PROVISIONS REFER, RIGHTS WHICH THE NATIONAL COURTS MUST PROTECT .

2 . A DIRECTIVE THE OBJECT OF WHICH IS TO IMPOSE ON A MEMBER STATE A FINAL DATE FOR THE PERFORMANCE OF A COMMUNITY OBLIGATION DOES NOT CONCERN SOLELY THE RELATIONS BETWEEN THE COMMISSION AND THAT STATE, BUT ALSO ENTAILS LEGAL CONSEQUENCES OF WHICH BOTH THE OTHER MEMBER STATES CONCERNED IN ITS PERFORMANCE AND INDIVIDUALS MAY AVAIL THEMSELVES WHEN, BY ITS VERY NATURE, THE PROVISION ESTABLISHING THIS OBLIGATION IS DIRECTLY APPLICABLE .

Parties

IN CASE 33/70

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE PRESIDENT OF THE TRIBUNALE, BRESCIA, FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

SPA SACE, OF BERGAMO,

AND

MINISTRY FOR FINANCE OF THE ITALIAN REPUBLIC,

Subject of the case

ON THE INTERPRETATION OF ARTICLE 13 ( 2 ) OF THE TREATY OF ROME AND OF THE PROVISIONS OF DIRECTIVE NO 68/31 OF THE COMMISSION OF THE EUROPEAN COMMUNITIES OF 22 DECEMBER 1967 ( OJ 1968, L 12, P.8 ),

Grounds

1 BY A DECISION OF 4 JULY 1970 WHICH REACHED THE COURT REGISTRY ON 9 JULY 1970, THE PRESIDENT OF THE TRIBUNALE...