Report for the Hearing delivered in Case 18/87

I — Facts

In the Federal Republic of Germany, the administrations of the Länder Bremen, Hessen, Niedersachsen, Nordrhein-Westfalen and Rheinland-Pfalz charge a fee on the importation or transit, even in the course of intra-Community trade, of live animals, which is intended to cover the costs of official veterinary inspections carried out in accordance with Article 2 (1) of Council Directive 81/389 of 12 May 1981 establishing measures necessary for the implementation of Directive 77/489/EEC on the protection of animals during international transport (Official Journal 1981, L 150, p. 1).

Those fees are laid down in the implementing provisions of the Länder. Neither the directive nor the regulation issued by the Bundesminister für Ernährung, Landwirtschaft und Forsten (Federal Minister for Food, Agriculture and Forestry) of 29 March 1983 on the protection of animals during international transport {Bundesgesetzblatt I, p. 409) transposing the directive into national law contain express provisions in this respect.

Considering the fees in question to be incompatible with Articles 9 and 12 of the EEC Treaty, in so far as they are charged in intra-Community trade, the Commission communicated that view to the German Government in a letter of 19 February 1985, requesting it, in accordance with the first paragraph of Article 169 of the EEC Treaty, to submit its observations within a period of one month from the date on which the letter was received. The German Government set forth its point of view in its reply of 14 May 1985.

On 4 June 1986 the Commission delivered a reasoned opinion in accordance with the first paragraph of Article 169 of the EEC Treaty, calling upon the Federal Republic of Germany to adopt the measures needed to comply with that opinion within a period of 30 days from its notification.

In its reply, dated 5 August 1986, the Government of the Federal Republic of Germany maintained its point of view which conflicted with that or the Commission, whereupon the Commission brought these proceedings.

II — Written procedure and conclusions of the parties

The Commission brought proceedings by application lodged at the Court Registry on 26 January 1987.

The written procedure followed the normal course.

Upon hearing the report of the Judge-Rapporteur and the views of the Advocate General, the Court decided to open the oral procedure without any preparatory inquiry. The defendant was asked to reply in writing to one question, which it did within the period prescribed.

The Commission claims that the Court should:

The defendant contends that the Court should:

III — Submissions and arguments of the parties

1. The Commission considers that, in so far as they are charged in intra-Community trade, the fees at issue constitute charges having an effect equivalent to customs duties and are therefore contrary to Articles 9 and 12 of the EEC Treaty.

2. The defendant disagrees with the Commission on both points.

1 Language of the Case: German.