JUDGMENT OF 5. 4. 1979 — CASE 95/78 DULCIORA v AMMINISTRAZIONE DELLE FINANZE DELLO STATO

In Case 95/78 REFERENCE to the Court under Article 177 of the EEC Treaty by the Pretura di Milano for a preliminary ruling in the proceedings pending before that court between

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

A — The framework of the regulations

B — The facts

C — The questions referred for a preliminary ruling

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

A — Observations submitted by Dulciora S.p.A. and the A.I.D.I.

B — Observations submitted by the Irish Government

C — Observations submitted by the Italian Government

D — Observations submitted by the Commission

1. The Commission's policy in the sector of the products at issue

2. Regulation No 800/77

3. Answers to the questions referred for a preliminary ruling

Decision

The first two questions

Question 3 (b) (i)

Question 3 (b) (ii)

Question 4

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: The second subparagraph would appear to be meant.

3 Translator's note: Nomenclature of Goods for the External Trade Statistics of the Community and Statistics of Trade between Member States.

4 Translator's note: The second subparagraph would appear to be meant.