JUDGMENT OF 14. 12. 1971 — CASE 43/71 POLITI v ITALY

In Case 43/71 Reference to the Court under Article 177 of the EEC Treaty by the President of the Tribunale di Torino for a preliminary ruling in the action pending before that court between

THE COURT composed of: R. Lecourt, President, J. Mertens de Wilmars and H. Kutscher (Rapporteur), Presidents of Chambers, A. M. Donner, A. Trabucchi, R. Monaco and P. Pescatore, Judges Advocate-General: A. Dutheillet de Lamothe Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Provisions applicable during the periods in question

II — Facts and procedure

III — Summary of the observations submitted under Article 20 of the Protocol on the Statute of the Court of Justice of the EEC

1. The admissibility of the reference

2. The substance

The first question

Questions 2 (a) and (b), 3 (a) and (b), 4 (a) and (b), 5 (a) and (b)

Questions 2 (c) and 3 (c)

Questions 4 (c), 5 (c) and 6

Conclusions

Grounds of judgment

I — The jurisdiction of the Court

II — The substance

The first question

Questions 2 (a) and (b), 3 (a) and (b), 4 (a) and (b), 5 (a) and (6)

Questions 2 (c), 3 (c), 4 (c), 5 (c) and 6

III — Costs