Иск за установяване на неизпълнение на задължения

OPINION OF MR ADVOCATE-GENERAL GAND DELIVERED ON 23 OCTOBER 19681 Mr President, Members of the Court, At the instance of the Commission of the European Communities the Court is asked to give judgment on the compatibility with the Treaty of Rome — or more precisely with Article 16 thereof — of certain provisions in the Italian Law of 1 June 1939 on the protection of objects of artistic, historic, archaeological or ethnographic interest. In order to keep a particularly precious heritage intact as far as possible, the Law provides a whole range of measures directed especially at exportation. In the first case, exportation is simply forbidden when, having regard to the importance of the object in question, its exportation would represent a serious loss to the national heritage which is what has to be protected (Article 35). In the other cases, the exporter must sign a declaration indicating the market value of the object and obtain a licence which is subject to payment of a tax increasing by stages (Articles 36 and 37). Further, the State may acquire, within two months from the date of the declaration, at the price indicated therein, articles which are of particular value to the national heritage (Article 39). It seemed to the Commission that to continue to levy such a tax on exportation to Member States was not compatible with Article 16 of the Treaty, which provides that ‘Member States shall abolish between themselves customs duties on exports and charges having equivalent effect by ... Прочетете още