JUDGMENT OF 10. 5. 1979 — CASE 12/78 ITALY v COMMISSION

In Case 12/78

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: J.-P. Warner 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

A — Regulation No 2604/77: infringement of Article 1 (3) of Regulation No 974/71 of the Council of 12 May 1971 as amended; manifest error in the assessment of the conditions and distortion of the facts

1. Application

2. Defence

3. Reply

4. Rejoinder

B — Regulation No 2604/77: infringement of Article 1 (3) of Regulation No 974/71 (as amended)

1. Application

2. Defence

3. Reply

4. Rejoinder

C — Regulation No 2604/77: misuse of powers

1. Application

2. Defence

3. Reply

4. Rejoinder

D — Regulations Nos 2792/77 and 2917/77

1. Application

2. Defence

3. Reply

4. Rejoinder

Decision

First submission: infringement of Article 1 (3) of Regulation No 974/71 of the Council of 12 May 1971 as amended; manifest error in the assessment of the conditions and distortion of the facts

Second and third submissions: infringement of Article 1 (3) of Regulation No 974/71 of the Council and misuse of powers

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, at p. 1847.

2 Translator's note: Abbreviation for Azienda di Stato per gli lnterventi sul Mercato Agricolo [State Agency for Intervention on the Agricultural Market].