JUDGMENT OF 18.10.1984 — CASE 109/83 EURICO v COMMISSION

In Case 109/83 REFERENCE to the Court under Article 177 of the EEC Treaty by the First Civil Division of the Tribunale di Milano (District Court, Milan) for a preliminary ruling in the action pending before that court between

THE COURT (Fifth Chamber) composed of: O. Due, President of Chamber, C. Kakouris, U. Everling, Y. Galmot and R. Joliét, Judges, Advocate General: C. O. Lenz Registrar: H. A. Rühi, Principal Administrator

gives the following

JUDGMENT

Facts and Issues

I — Facts and written procedure

1. Facts

2. The proceedings before the Italian courts

3. The question submitted for a preliminary ruling

(a) The legal basis of the food-aid policy

(b) Details of the management of the food-aid policy

(c) The detailed rules for concluding and performing the contract the subject of the main proceedings

II — The Community regulations regarding food aid, as described by the Commission

III — Written observations submitted to the Court

A — Observations of the plaintiff company in the main proceedings

Preliminarily :

Preliminarily :

In reply to the question:

In the alternative:

B — The observations of the Commission

1. The fundamental principles of the Community rules on agriculture

2. The attribution of liability under Community law

(a) The liability of the European Community

(b) The liability of the Member States (and of their intervention agencies)

(c) The liability of the Italian State and of the ENR in this case

* The general theory of the agency contract

* Community law

* Italian law

3. Resolution of the present case in accordance with the principles of Community law

(a) The incurring of liability by the State under national law

(b) Relations between the Member State (ENR) and the European Community (Commission)

IV — Replies to the questions put by the Court

(1) The Commission gave the following answers to the various questions put to it by the Court.

(a) The legal basis of the food-aid policy

(b) Details of the management of the food-aid policy

(c) The detailed rules for concluding and performing the contract the subject of the main proceedings

(2) The Government of the Italian Republic and Eurico produced the documents requested by the Court.

V — Oral procedure

Decision

The jurisdiction of the Court to rule on the question

The reply to be given to the question

Costs