OPINION OF MR REISCHL — CASE 31/78 BUSSONE v ITALIAN MINISTRY FOR AGRICULTURE AND FORESTRY

Mr President,

Members of the Court,

The proceedings for a preliminary ruling in which I am today delivering my opinion relate to the common organization of the market in eggs and the Community law and Italian implementing provisions adopted thereunder.

The aforesaid organization of the market is at present regulated by Regulation No 2771/75 of the Council of 29 October 1975 as amended by Regulation No 368/76. There is no need for me here to set out all its details. For the present proceedings it is enough to know that, as regards intra-Community trade, the organization of the market contains no system of price regulation or intervention. It is rather characterized by certain marketing standards which are intended to ensure that only eggs of a certain quality are marketed and which, in this way, are intended to promote sales. Implementing provisions are contained in Regulation No 2772/75 of the Council of 29 October 1975 and in Regulation No 95/69 of the Commission of 17 January 1969 which was adopted in implementation of the predecessor to Regulation No 2771/75. Under those provisions certain quality and weight classes are laid down; rules for the packaging of the eggs must also be complied with. Eggs can only be classified according to Community criteria by certain packing centres which must be authorized by the national authorities. They must affix certain details to the packs. Compliance with the whole system is supervised by the competent authorities of the Member States.

Of the relevant provisions I would cite only the following:

Article 26 of Regulation No 2772/75 provides that:

Article 17 of the same regulation provides that:

Paragraph (2) of that article further provides what information, in particular with regard to quality and weight-grading, must be borne on the bands or labels.

It should finally also be mentioned that Article 5 of Regulation No 95/69 of the Commission contains provisions as to the form of the bands or labels stating that they must bear an official marking laid down by the competent authority of each Member State.

Pursuant to these provisions Law No 419 of 3 May 1971 was adopted in Italy. It repeats the substantive content of the Community regulations and in addition provides that the preparation of the aforementioned bands is reserved to the Ministry for Agriculture, that the bands are to be issued for a fee and that the revenue therefrom is to serve to finance the checks provided for in the Community rules. In addition a ministerial decree of 19 October 1971 laid down a model for the bands and the prices to be paid for them by users.

Pursuant to those provisions in October 1977 the applicant in the main proceedings, who runs an authorized eggpacking centre within the meaning of Community law, had to pay Lit 180000 for bands and labels to the Ministry for Agriculture. He commenced proceedings against the Ministry for Agriculture for reimbursement of that sum on the grounds that it was contrary to Community law for various reasons which will be examined subsequently.

In view of the problems of Community law raised by the dispute the Pretore before whom the matter was brought, by order of 7 March 1978, stayed proceedings and pursuant to Article 177 of the EEC Treaty asked for a preliminary ruling on the following questions:

My opinion on this matter is as follows:

1 Translated from the German