JUDGMENT OF 9. 7. 1975 — CASE 21/75 SCHROEDER v STADT KÖLN

In Case 21/75 Reference to the Court under Article 177 of the EEC Treaty by the Verwaltungsgericht Köln for a preliminary ruling in the action pending before that court between:

THE COURT composed of: R. Lecourt, President, J. Mertens de Wilmars and A. J. Mackenzie Stuart, Presidents of Chambers, A. M. Donner, R. Monaco, P. Pescatore, H. Kutscher, M. Sørensen and A. O'Keeffe (Rapporteur), Judges, Advocate-General: J. P. Warner Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts and procedure

II — Summary of the written observations

Law

Costs

I —. Facts and procedure

II —. Summary of the written observations

1. By order of 21 November 1974 which was received at the Court Registry on 12 February 1975, the Verwaltungsgericht Köln referred to the Court a question on the interpretation of Article 17 of Regulation No 121/67 of the Council of 13 June 1967 on the common organization of the market in pigmeat (OJ English Special Edition 1967, p. 46) and of Article 20 of Regulation No 805/68 of the Council of 27 June 1968 on the common organization of the market in beef and veal (OJ English Special Edition 1968 (I) p. 187).

2. This question was raised in the context of an action against the city of Cologne brought by the plaintiff in the main action before the administrative court to recover charges paid for public and veterinary health inspections made under the provisions applicable when consignments of preserved meat from Hungary were imported.

3. In the present state of the law there is nothing which could justify different interpretations of the expression charge having equivalent effect as it appears in Article 9 et seq. of the Treaty on the one hand and in Article 17(2) of Regulation No 121/67 and Article 20(2) of Regulation No 805/68 on the other.

4. Consequently, pecuniary charges of whatever amount levied for public and veterinary health inspection of products imported from third countries which are determined according to their own particular criteria and which are not comparable to those used to fix any pecuniary charges which might be levied on similar Community products must be considered as charges having an effect equivalent to customs duties.

5. The costs incurred by the Commission of the European Communities which has submitted its observations to the Court are not recoverable and as the proceedings are, so far as the parties to the main action are concerned, a step in the action pending before the national court, the decision on costs is a matter for that court.

On those grounds, THE COURT in answer to the question referred to it by the Verwaltungsgericht Köln in accordance with the order made by that court on 21 November 1974 hereby rules: