JUDGMENT OF 28. 2. 1978 — CASE 85/77 SANTA ANNA AZIENDA AVICOLA v INPS

In Case 85/77 REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunale di Roma for a preliminary ruling in the action pending before that court between

THE COURT composed of: H. Kutscher, President, M. Sørensen and G. Bosco (Presidents of Chambers), A. M. Donner, P. Pescatore, Lord Mackenzie Stuart and A. Touffait, Judges, Advocate General: G. Reischl Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and issues

I — Facts and procedure

II — Summary of observations submitted under Article 20 of the Protocol on the Statute of the Court

Observations of Santa Anna Azienda Avicola s.r.l.*

Submissions relating to the facts

Submissions of law

1. Unique Community meaning of the terms and wording used by the Treaty and secondary law

2. Community meaning of agricultural holding

3. The legal equality of subjective situations falling under the general concept of agricultural holding

4. The application of the prohibition of discrimination to the treatment of subjective situations inherent in the concept of agricultural holding

5. Conclusions

Observations of the Istituto

Observations of the Italian Government

Observations of the Commission

III — Oral procedure

Decision

Costs