JUDGMENT OF 14. 2. 1984 — CASE 325/82 COMMISSION v GERMANY

In Case 325/82

THE COURT composed of: J. Mertens de Wilmars, President, T. Koopmans and Y. Galmot (Presidents of Chambers), P. Pescatore, Lord Mackenzie Stuart, A. O'Keeffe, G. Bosco, O. Due and U. Everling, Judges, Advocate General: S. Rozès Registrar: H. A. Rühi, Principal Administrator

gives the following

JUDGMENT

Facts and Issues

I — Facts

1. — The history of the dispute

2. The Community provisions

3. The German provisions

4. The procedure prior to the application to the Court

II — Written procedure

A — Questions put to the Commission

Documents to be produced by the Commission

B — Questions put to the Government of the Federal Republic of Germany

III — Conclusions of the parties

IV — Submissions and arguments of the parties

A — Admissibility of the Commission's application

B — Substance

V — Replies of the parties to the questions put by the Court

A — The Commission's replies

Question 1

Question 2

Question 3

Question 4

B — The replies given by the Federal Republic of Germany

Question 1

Question 2

Question 3

VI — Oral procedure

Decision

Admissibility of the Commission's application

The substance of the case

Costs

1 The aforementioned Order of 28 September 1982 added the following third subparagraph to Paragraph (2): Goods which are not in free circulation and which, on their exportation, are exempt from customs duties or benefit from preferential treatment under the Common Agricultural Policy, shall not be exempt from customs duties on their importation from another Member State of the European Communities or on their entry from another German port.