Judgment of the Court (Fifth Chamber) 22 January 1986

In Case 250/84 REFERENCE to the Court under Article 177 of the EEC Treaty by the tribunale di Roma for a preliminary ruling in the action pending before that court between

THE COURT (Fifth Chamber) composed of: U. Everling, President of Chamber, R. Joliet, O. Due, Y. Galmot and C. Kakouris, Judges, Advocate General: P. VerLoren van Themaat Registrar: H. A. Rühl, Principal Administrator

after considering the observations submitted on behalf of the plaintiffs in the main proceedings, by Mauro de André, Giuseppe Marchesini and Frederico Sorrentino, the Italian Government, by Ivo M. Braguglia, Avvocato dello Stato, the Council of the European Communities, by Antonio Sacchettini and Arthur Bräutigam, the Commission of the European Communities, by Alberto Prozzillo,

after hearing the Opinion of the Advocate General delivered at the sitting on 22 October 1985,

gives the following

JUDGMENT

Decision

The system of quotas and sugar production levies

The first question

The alleged discrimination

The alleged breach of Article 39 (1) (b) of the EEC Treaty

The second question

Costs

1 Language of the Case: Italian.