JUDGMENT OF 5. 4. 1979 — CASE 11/78 ITALY v COMMISSION

In Case 11/78

THE COURT composed of: J. Mertens de Wilmars, President of the First Chamber, acting as President, Lord Mackenzie Stuart (President of the Second Chamber), P. Pescatore, M. Sørensen. A. O'Keeffe, G. Bosco and A. Touffait, Judges, Advocate General: H. Mayras Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and written procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

The facts

Admissibility

The substance of the case

A — Regulation No 2657/77: (i) misuse of powers, absence of a statement of reasons and infringement of an essential procedural requirement; (ii) breach of the principle of legitimate expectations

B — Regulation No 800/77: infringement of Article 1 (3) of Regulation No 974/71 of the Council.

C — Regulation No 800/77: misuse of powers

D — Regulation No 800/77: breach of the principle of proportionality

E — Ireland's intervention

Decision

Admissibility of the application as regards Regulation No 800/77

The submission relating to Regulation No 2657/77

The submission relating to Regulation No 800/77

Costs

1 Translator's note: This is a corrected version of the text appearing in the Official Journal, which is defective; cf. Mr Advocate General Warner's comments in Case 29/77 Roquette [1977] ECR 1835 p. 1847.