JUDGMENT OF 13. 3. 1979 — CASE 86/78 PEUREUX v SERVICES FISCAUX DE LA HAUTE-SAÔNE ET DU TERRITOIRE DE BELFORT

In Case 86/78 REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunal de Grande Instance, Lure, for a preliminary ruling in the proceedings pending before that court between

THE COURT composed of: H. Kutscher, President, J. Mertens de Wilmars and Lord Mackenzie Stuart (Presidents of Chambers), M. Sørensen, A. O'Keeffe, G. Bosco and A. Touffait, Judges, Advocate General: H. Mayras Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

II — Observations under Article 20 of the Protocol on the Statute of the Court of Justice of the EEC

A — Observations of the French Government

(a) Crude alcohol

(b) Alcoholic products usable and consumable without further processing

Before 1977

After 1977

B — Observations of the plaintiff in the main action

The French market

The market of other Member States

C — Observations of the Commission

(a) Article 37 of the Treaty (commercial monopolies)

(b) Articles 12 and 34 of the Treaty (charges and measures having an effect equivalent to customs duties or quantitative restrictions on imports)

(c) The first paragraph of Article 95 of the Treaty (internal taxation)

(d) Article 7 of the Treaty (discrimination on grounds of nationality)

Decision

(a) The period between the entry into force of Decree No 74/91 of 6 February 1974 and of Decree No 77/842 of 25 July 1977

(b) The period subsequent to the entry into force of Decree No 77/842 of 25 July 1977

The first part of the question

The second part of the question

Costs