JUDGMENT OF 31. 1. 1978 — CASE 94/77 ZERBONE v AMMINISTRAZIONE DELLE FINANZE DELLO STATO

In Case 94/77 REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunale di Genova 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. O'Keeffe, Judges, Advocate General: J.-P. Warner Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and issues

I — Facts and procedure

A — With reference to the provisions of Article 4 (1) and (2) of Regulation (EEC) No 1013/71 of the Commission of 17 May 1971, as amended by Article 4 of Regulation (EEC) No 2887/71 of the Commission of 30 December 1971

B — With reference to Articles 2, 3 and 4 of Regulation (EEC) No 974/71 of the Council of 12 May 1971

II — Summary of written observations submitted to the Court under Article 20 of the Protocol on the Statute of the Court of Justice of the EEC

Decision

A — With reference to the provisions of Article 4 (1) and (2) of Regulation (EEC) No 1013/71 of the Commission of 17 May 1971, as amended by Article 4 of Regulation (EEC) No 2887/71 of the Commission of 30 December 1971.

B — With reference to Articles 2, 3 and 4 of Regulation (EEC) No 974/71 of the Council of 12 May 1971

Costs