Judgment of the Court of 28 February 1978. - Société Azienda Avicola Sant'Anna v Istituto Nazionale della Previdenza Sociale (INPS) and Servizio Contributi Agricoli Unificati (SCAU). - Reference for a preliminary ruling: Tribunale civile e penale di Roma - Italy. - Case 85/77.



European Court reports 1978 Page 00527

Greek special edition Page 00213

Portuguese special edition Page 00215

Spanish special edition Page 00203



Summary

Parties

Subject of the case

Grounds

Decision on costs

Operative part



Keywords

AGRICULTURE - AGRICULTURAL HOLDING - CONCEPT - UNIFORM COMMUNITY DEFINITION - ABSENCE - OBLIGATIONS OF THE COMMUNITY INSTITUTIONS

Summary

IT IS IMPOSSIBLE TO FIND IN THE PROVISIONS OF THE TREATY OR IN THE RULES OF SECONDARY COMMUNITY LAW ANY GENERAL UNIFORM COMMUNITY DEFINITION OF ' ' AGRICULTURAL HOLDING ' ' UNIVERSALLY APPLICABLE IN ALL THE PROVISIONS LAID DOWN BY LAW AND REGULATION RELATING TO AGRICULTURAL PRODUCTION . IT IS FOR THE COMMUNITY INSTITUTIONS TO WORK OUT , WHERE APPROPRIATE , FOR THE PURPOSES OF THE RULES DERIVING FROM THE TREATY SUCH A DEFINITION OF AGRICULTURAL HOLDING .

Parties

IN CASE 85/77

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

SOCIETA SANTA ANNA AZIENDA AVICOLA

AND

ISTITUTO NAZIONALE DELLA PREVIDENZA SOCIALE ( INPS )

AND THE SERVIZIO CONTRIBUTI AGRICOLI UNIFICATI ( SCAU )

Subject of the case

ON THE INTERPRETATION OF ARTICLE 38 ( 1 ), ( 3 ) AND ( 4 ) OF THE EEC TREATY , IN RELATION TO ANNEX II THERETO , AND OF THE WORDS ' ' AGRICULTURAL HOLDING ' ' AS DEFINED IN CERTAIN PROVISIONS OF REGULATION NO 70/66/EEC OF THE COUNCIL OF 14 JUNE 1966 AND REGULATION NO 91/66/EEC OF THE COMMISSION OF 29 JUNE 1966 ,

Grounds

1BY ORDER OF 19 MAY 1977 RECEIVED AT THE COURT ON 5 JULY 1977 THE TRIBUNALE CIVILE DI ROMA MADE A REFERENCE FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY ON THE INTERPRETATION OF ARTICLE 38 ( 1 ), ( 3 ) AND ( 4 ) OF THE EEC TREATY IN RELATION TO ANNEX II OF THE TREATY AND OF CERTAIN PROVISIONS OF REGULATION NO 70/66/EEC OF THE COUNCIL OF 14 JUNE 1966 ( JOURNAL OFFICIEL NO 112 , P . 2065 ) AND REGULATION NO 91/66/EEC OF THE COMMISSION OF 29 JUNE 1966 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1965-1966 , P . 112 ) AND REFERRED A NUMBER OF QUESTIONS ON THE DEFINITION OF AGRICULTURAL HOLDING AT A COMMUNITY LEVEL AND THE POSSIBLE CONSEQUENCES OF THIS IN THE LEGAL SYSTEMS OF THE MEMBER STATES .

2IT APPEARS FROM THE ORDER FOR REFERENCE THAT THE PLAINTIFF COMPANY IN THE MAIN ACTION WHICH CARRIES ON IN ITALY THE BUSINESS OF RAISING POULTRY AND LAYING HENS BROUGHT AN ACTION IN THE NATIONAL COURT AGAINST THE ISTITUTO DELLA PREVIDENZA SOCIALE ( HEREINAFTER REFERRED TO AS ' ' THE ISTITUTO ' ' ) FOR A DECLARATION OF ITS RIGHT TO BE CLASSIFIED FOR THE PURPOSE OF SOCIAL SECURITY CONTRIBUTIONS IN RESPECT OF THE LABOUR IT EMPLOYS AS AN AGRICULTURAL AND NOT INDUSTRIAL UNDERTAKING AND THEREFORE TO MAKE PAYMENT ONLY TO THE SERVIZIO DEI CONTRIBUTI AGRICOLI UNIFICATI OF THE ABOVE-MENTIONED CONTRIBUTIONS AT THE RATES APPLICABLE TO AGRICULTURAL UNDERTAKINGS WHICH IT SEEMS ARE LESS THAN THOSE APPLICABLE TO INDUSTRIAL UNDERTAKINGS AND DEMANDED OF THE PLAINTIFF COMPANY BY THE ISTITUTO .

3FIRST IT IS NECESSARY TO CONSIDER QUESTION 1 ( B ) PUT BY THE NATIONAL COURT WHICH ASKS WHETHER THE COMMUNITY HAS ADOPTED A COMMUNITY CONCEPT OF AN AGRICULTURAL HOLDING FOR THE PURPOSES OF IDENTIFYING HOLDINGS OF THIS NATURE AND WHETHER THE MEMBER STATES ARE ACCORDINGLY OBLIGED TO EMPLOY THE CONCEPTS PROVIDED IN THE TREATY AND THE SAID REGULATIONS IN ORDER TO IDENTIFY THE AGRICULTURAL HOLDINGS TO WHICH THE PRINCIPLES LAID DOWN AT COMMUNITY LEVEL AND THOSE EVOLVED BY THE VARIOUS NATIONAL LEGAL SYSTEMS WITH REGARD TO SOCIAL SECURITY .

4AN ANSWER IN THE NEGATIVE TO THE FIRST PART OF THIS QUESTION WOULD RENDER THE OTHER QUESTIONS SUPERFLUOUS .

5ARTICLE 38 ( 1 ) OF THE TREATY PROVIDES THAT ' ' THE COMMON MARKET SHALL EXTEND TO AGRICULTURE AND TRADE IN AGRICULTURAL PRODUCTS ' ' .

6THE ARTICLE CONTINUES ' ' ' AGRICULTURAL PRODUCTS ' MEANS THE PRODUCTS OF THE SOIL , OF STOCKFARMING AND OF FISHERIES AND PRODUCTS OF FIRST-STAGE PROCESSING DIRECTLY RELATED TO THESE PRODUCTS ' ' , ALL OF WHICH ARE LISTED IN ANNEX II OF THE TREATY .

7ARTICLE 39 ( 2 ) OF THE TREATY PROVIDES THAT IN WORKING OUT THE COMMON AGRICULTURAL POLICY AND THE SPECIAL METHODS FOR ITS APPLICATION , ACCOUNT SHALL BE TAKEN OF THE PARTICULAR NATURE OF AGRICULTURAL ACTIVITY , WHICH RESULTS FROM THE SOCIAL STRUCTURE OF AGRICULTURE AND FROM STRUCTURAL AND NATURAL DISPARITIES BETWEEN THE VARIOUS AGRICULTURAL REGIONS .

8 ON THE OTHER HAND SINCE THE TREATY CONTAINS NO PRECISE DEFINITION OF AGRICULTURE AND STILL LESS OF AGRICULTURAL HOLDING , IT IS FOR THE COMMUNITY INSTITUTIONS TO WORK OUT , WHERE APPROPRIATE , FOR THE PURPOSES OF THE RULES DERIVING FROM THE TREATY SUCH A DEFINITION OF AGRICULTURAL HOLDING .

9ALTHOUGH THE WORDS ' ' AGRICULTURAL HOLDING ' ' ARE USED IN VARIOUS PLACES IN THE COMMUNITY RULES , INCLUDING THE REGULATIONS REFERRED TO IN THE ORDER FOR REFERENCE , ADOPTED BY THE COUNCIL OR IN CERTAIN CASES BY THE COMMISSION , IN THE SPHERE OF AGRICULTURE , THE DEFINITION OF THESE WORDS IS FAR FROM BEING UNIFORM THROUGHOUT THESE RULES , WHICH ARE IN ANY CASE HETEROGENEOUS , BUT ON THE CONTRARY VARIES ACCORDING TO THE SPECIFIC OBJECTIVES PURSUED BY THE COMMUNITY RULES IN QUESTION .

10EVEN IN THE RESTRICTED AREA OF STATISTICS TO WHICH THE REGULATIONS MENTIONED IN THE ORDER FOR REFERENCE REFER , THE DEFINITIONS OF AGRICULTURAL HOLDING CONTAINED IN THE COMMUNITY MEASURES ARE NOT IDENTICAL .

11THUS BY WAY OF EXAMPLE ARTICLE 2 OF REGULATION NO 70/66 , ON THE ORGANIZATION OF THE BASIC SURVEY AS PART OF THE PROGRAMME OF SURVEYS INTO THE STRUCTURE OF AGRICULTURAL HOLDINGS STATES THAT ' ' FOR THE PURPOSES OF THIS REGULATION ' ' AGRICULTURAL HOLDING MEANS A FARM BUSINESS SITUATED WITHIN A LIMITED GEOGRAPHICAL AREA , OPERATED AS A SINGLE UNIT , UNDER A SINGLE MANAGEMENT AND PRODUCING PRODUCTS APPEARING ON THE LIST GIVEN IN ANNEX I TO THAT REGULATION .

12REGULATION NO 91/66 CONCERNING THE SELECTION OF RETURNING HOLDINGS FOR THE PURPOSE OF DETERMINING INCOMES OF AGRICULTURAL HOLDINGS WHILE ADOPTING FOR THE PURPOSES OF ITS APPLICATION THE ABOVE-MENTIONED DEFINITION ADDS A NEW CLASS OF AGRICULTURAL HOLDINGS TO THOSE REFERRED TO IN REGULATION NO 70/66 , NAMELY ' ' MARKET-ORIENTED ' ' AGRICULTURAL HOLDINGS .

13ON THE OTHER HAND ARTICLE 2 OF COUNCIL REGULATION ( EEC ) NO 1035/76 OF 30 APRIL 1976 RELATING TO THE ORGANIZATION OF A SURVEY ON THE EARNINGS OF PERMANENT WORKERS EMPLOYED IN AGRICULTURE ( OFFICIAL JOURNAL L 118 , P . 3 ) RESTRICTS THE SCOPE OF THE SURVEY TO ALL HOLDINGS WHICH ENGAGE IN ACTIVITIES AS SPECIFIED AND DEFINED UNDER CLASS 01 OF THE GENERAL NOMENCLATURE OF ECONOMIC ACTIVITIES IN THE EUROPEAN COMMUNITIES AND CONSEQUENTLY EXCLUDES FIRST-STAGE PROCESSING INDUSTRIES CONSIDERED FOR OTHER PURPOSES AS AGRICULTURAL ACTIVITIES .

14IT FOLLOWS FROM THE ABOVE THAT IT IS IMPOSSIBLE TO FIND IN THE PROVISIONS OF THE TREATY OR IN THE RULES OF SECONDARY COMMUNITY LAW ANY GENERAL UNIFORM COMMUNITY DEFINITION OF ' ' AGRICULTURAL HOLDING ' ' UNIVERSALLY APPLICABLE IN ALL THE PROVISIONS LAID DOWN BY LAW AND REGULATION RELATING TO AGRICULTURAL PRODUCTION .

15SINCE IN THE ABSENCE OF SUCH A DEFINITION THE ABOVE-MENTIONED QUESTION MUST BE ANSWERED IN THE NEGATIVE , IT BECOMES UNNECESSARY TO ANSWER THE OTHER QUESTIONS PUT BY THE NATIONAL COURT .

Decision on costs

COSTS

16THE COSTS INCURRED BY THE GOVERNMENT OF THE ITALIAN REPUBLIC AND THE COMMISSION OF THE EUROPEAN COMMUNITIES WHICH SUBMITTED OBSERVATIONS TO THE COURT ARE NOT RECOVERABLE .

17AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .

Operative part

ON THOSE GROUNDS ,

THE COURT

IN ANSWER TO THE QUESTIONS SUBMITTED TO IT BY THE TRIBUNALE CIVILE DI ROMA BY ORDER OF 5 JULY 1977 , HEREBY RULES :

IT IS IMPOSSIBLE TO FIND IN THE PROVISIONS OF THE TREATY OR IN THE RULES OF SECONDARY COMMUNITY LAW ANY GENERAL UNIFORM COMMUNITY DEFINITION OF ' ' AGRICULTURAL HOLDING ' ' UNIVERSALLY APPLICABLE IN ALL THE PROVISIONS LAID DOWN BY LAW AND REGULATION RELATING TO AGRICULTURAL PRODUCTION .