JUDGMENT OF 13. 12. 1984 — CASE 106/83 SERMIDE / ASSA CONGUAGLIO ZUCCHERO

In Case 106/83 REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunale di Genova [District Court, Genoa] for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fourth Chamber) composed of: G. Bosco, President of Chamber, P. Pescatore, A. O'Keeffe, T. Koopmans and K. Bahlmann, Judges, Advocate General: P. VerLoren van Themaat Registrar: H. A. Rühi, Principal Administrator

gives the following

JUDGMENT

Facts and Issues

I — Legal background to the dispute

II — Facts and written procedure

III — Written observations

1. Observations of the plaintiff in the main'proceedings

2. Observations of the Italian Government

3. Observations of the Commission

IV — The Commission's reply to a question from the Court

V — Oral Procedure

Decision

The relevant provisions

First question

The alleged breach of the principle of non-discrimination

The alleged infringement of Articles 2 and 28 of Regulation No 1785/81

Second question

Third question

Costs