Criminal proceedings against Giulio et Adriano Grosoli. (Common Customs Tariff ) [1973] EUECJ R-131/73 (12 December 1973)

Criminal proceedings against Giulio et Adriano Grosoli. (Common Customs Tariff ) [1973] EUECJ R-131/73 (12 December 1973)

Article 3 of Regulation No 92/68 and Article 2 of Regulation No 110/69 do not empower Member States to adopt provisions designed to govern the use to which their allotted share of a Community tariff quota is put; Member States' administrative powers are limited to technical and procedural rules ensuring conformity with the general terms of the quota and equality of treatment.

Citation
[1973] EUECJ R-131/73
Parties
Defendant: Giulio Grosoli; Defendant: Adriano Grosoli; Referring Court: Tribunale civile e penale di Trento
Jurisdiction
European Union
Judgment Date
12 December 1973
Procedural Posture
Preliminary Ruling (article 177 EEC Treaty) / Judgment on Reference for Preliminary Ruling
Outcome
Preliminary ruling issued; Member States not empowered to govern use of quota share under cited regulations.
Legal Topics
Community Tariff Quotas, Delegation of Administrative Powers, Interpretation of EU Regulations, Equality of Treatment, Limits of Member State Powers
European Union Law Customs Law Criminal Law Community Tariff Quotas Delegation of Administrative Powers Interpretation of EU Regulations Equality of Treatment Limits of Member State Powers

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Parties

Giulio Grosoli

Defendant

Adriano Grosoli

Defendant

Tribunale civile e penale di Trento

Referring Court

Procedural Posture

Preliminary Ruling (article 177 EEC Treaty) / Judgment on Reference for Preliminary Ruling

Legal Issues

  1. 1 Whether Member States may adopt provisions controlling the use of their share of a Community tariff quota under Regulation No 92/68 and Regulation No 110/69
  2. 2 Scope of administrative powers delegated to Member States regarding Community tariff quotas

Ratio Decidendi

Article 3 of Regulation No 92/68 and Article 2 of Regulation No 110/69 do not empower Member States to adopt provisions designed to govern the use to which their allotted share of a Community tariff quota is put; Member States' administrative powers are limited to technical and procedural rules ensuring conformity with the general terms of the quota and equality of treatment.

Court Disposition

Preliminary ruling issued; Member States not empowered to govern use of quota share under cited regulations.

Orders

  • Article 3 of Regulation No 92/68 and Article 2 of Regulation No 110/69 must be interpreted to mean that Member States are not empowered to adopt provisions designed to govern the use to which their allotted share is put.