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Because in the revised treaty it looks like it might be Article 28 ("Quantitive restrictions on imports and all measures having equivilant effect shall be prohibited between Member States") instead of Article 25 ("Customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This prohibition shall also apply to customs duties of a fiscal nature.")...
This is from the latest version of the treaty. —Preceding unsigned comment added by 18.104.22.168 (talk) 23:16, 4 February 2009 (UTC)
The case originally turned on Art. 12 EEC, which reads "Member States shall refrain from introducing between themselves any new customs duties on imports and exports or any charges having equivalent effect, and from increasing those which they already apply in their trade with each other.", so yes, that has now been replaced by Art. 25 EC. The Court held that the reclassification of urea-formaldehyde into a higher tarif category was equivalent to increasing a customs duty, and so illegal. Physchim62(talk) 06:55, 5 February 2009 (UTC)
I believe that the correct article now comes from the Treaty of Lisbon. Article 25 EC is now Article 30 in the Treaty on the Function of the European Union. Article 30 TFEU reads as follows: "Customs duties on imports and exports and charges having equivalent effect shall be prohibited between Member States. This prohibition shall also apply to customs duties of a fiscal nature." —Preceding unsigned comment added by 22.214.171.124 (talk) 15:15, 22 September 2010 (UTC)
My knowledge of the history is a bit sketchy as to when it happened, but wasn't the original article heading towards the free trade of goods between Member States - something that was achieved a while back, meaning that the original article is not really applicable now? 126.96.36.199 (talk) 10:27, 9 October 2010 (UTC)