3.Introductory comments made by the CommissionAfter analyzing the judgment given by the Court on 7 July 1981 in Case 158/80, the judgment given by the Finanzgericht Hamburg on 13 January 1982 and the considerations which it added to the questions which it referred to the Court by the present order, the Commission is anxious to describe first the steps which it itself took following the Court's judgment of 7 July 1981.First, it requested the governments of the Member States to take all measures necessary to ensure that administrative practice conformed to that judgment by 1 April 1982 at the latest. Subsequently, by a letter dated 2 April 1982, the Commission initiated the procedure provided for by Article 169 of the Treaty against the Member States and on 11 June 1982 delivered its reasoned opinions to them all. All the Member States then stated that they would take the necessary measures to ensure that from 1 January 1983 goods originating in non-member countries and agricultural products were no longer sold to travellers free of customs duties and agricultural levies in duty-free shops at airports and on board aircraft and ships on international routes.Subsequently the Commission commenced a further procedure against the Federal Republic of Germany with the purpose of ensuring that action was taken against the “butter-buying cruises” and the duty-free importation following such cruises of goods in travellers' personal luggage.That procedure culminated in the Commission's bringing an action under Article 169 of the Treaty for a declaration that the State had failed to fulfil its obligations under the Treaty. That action was registered at the Court on 20 December 1982 (Case 325/82).Finally the Commission is concerned to emphasize the difference between the present case and that relating to the so-called “butter-buying cruises”.Whereas the case which resulted in the judgment of 7 July 1981 concerned sea cruises including no call at a foreign port or only a token call, the present case relates to purchases made free of customs duties and taxes on board ships providing regular services, on board ferry-boats and in the course of combined ship and coach journeys.
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