Judgment of the Court 27 February 1985

In Case 55/83

THE COURT composed of: Lord Mackenzie Stuart, President, G. Bosco and C. Kakouris (Presidents of Chambers), T. Koopmans, U. Everling, Y. Galmot and R. Joliet, Judges, Advocate General: Sir Gordon Slynn Registrar: H. A. Rühl, Principal Administrator

gives the following

JUDGMENT

Decision

The Commission's refusal to charge to the Fund the payment of aids for the distillation of table wine

The principal ground: the alleged adoption by Italy of a fiscal measure amounting to an indirect aid in addition to the Community aid and capable of affecting the application of Community aid for distillation

The subsidiary ground that, contrary to Regulation No 567/76, the Italian intervention agency paid a large proportion of the aids to producers in respect of distillation contracts which had not been entirely performed

The subsidiary ground that, contrary to Article 2 (3) and (5) of Regulation No 567/76, the Italian intervention agency paid the aid in a single sum and not in two instalments

The Commission's refusal to charge to the Fund the expenditure incurred in respect of an advertising and publicity campaign designed to promote the consumption of meat

Costs

1 Language of the Case: Italian.

2 after hearing the Opinion of the Advocate General delivered at the sitting on 5 December 1984,