JUDGMENT OF 12. 7. 1979 — CASE 166/78 ITALY v COUNCIL

In Case 166/78

THE COURT composed of: H. Kutscher, President, J. Mertens de Wilmars and Lord Mackenzie Stuart (Presidents of Chambers), P. Pescatore, M. Sørensen, A. O'Keeffe, G. Bosco, A. Touffait and T. Koopmans, Judges, Advocate General: G. Reischl Registrar: A. Van Houtte

gives the following

JUDGMENT

Faces and Issues

I — Facts and procedure

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — Preliminary question concerning the vote by the Italian Government within the Council in favour of the regulations challenged

B — Substance

1. Introductory remarks on the relationship between the cost of the raw material, maize, and the cost of raw material, potatoes

2. The statement of reasons for the regulations at issue

3. The alleged infringements of the combined provisions of the first paragraph of Article 40 (3) and of Article 39 of the Treaty

4. The alleged breach of the principle of non-discrimination laid down in the second subparagraph of Article 40 (3) of the Treaty

5. The alleged misuse of powers

6. The alleged manifest error in determining the value of the byproducts

7. The alleged breach of the principle of proportionality by Regulation No 1127/78

IV — Oral Procedure

Decision

Admissibility

Substance

The statements of the reasons upon which the regulations at issue are based

The evaluation of the economic facts

Compliance with Articles 39 and 40 of the Treaty

The principle of proportionality

Costs