PARTY BEFORE THE PRETORE FOR A DECLARATION THAT IT OWED NOTHING TO THE AVEZ IN RESPECT OF THE CHARGES IN QUESTION .
5 ON 11 JULY 1976 THE FEDERGROSSISTI ( FEDERAZIONE NAZIONALE PER IL COMMERCIO ALIMENTARE - SINDACATO NAZIONALE DELLO ZUCCHERO ) APPLIED TO INTERVENE IN THE CASE CONTENDING THAT THE OBJECTIONS SUBMITTED AGAINST THE NATIONAL RULES WERE WELL FOUNDED AND REQUESTING THAT THE MATTER BE BROUGHT BEFORE THE COURT OF JUSTICE PURSUANT TO ARTICLE 177 OF THE TREATY .
6 BY THE ORDER CITED ABOVE THE NATIONAL COURT ALLOWED THE INTERVENTION AND DECIDED TO REFER TO THE COURT OF JUSTICE EIGHT QUESTIONS PROPOSED BY THE INTERVENER , OF WHICH THE FIRST FOUR SEEK A DECLARATION WHETHER THE SURCHARGE IS COMPATIBLE WITH COMMUNITY LAW AND THE FOUR OTHERS WHETHER THE SPECIAL SURCHARGE IS COMPATIBLE WITH IT .
I - GENERAL OBSERVATIONS
7 IT IS CLEAR FROM THE ORDER REFERRING THE MATTER TO THE COURT THAT THE ANSWER TO THE QUESTIONS SUBMITTED IS TO ENABLE THE NATIONAL COURT TO DETERMINE THE COMPATIBILITY OR OTHERWISE WITH COMMUNITY LAW OF TWO CHARGES , CALLED RESPECTIVELY THE SURCHARGE ( SOVRAPPREZZO ) AND THE SPECIAL SURCHARGE ( SOVRAPPREZZO STRAORDINARIO ), INTRODUCED BY MEASURES OF THE CIP , THE PROCEEDS OF WHICH ARE INTENDED TO FINANCE ADAPTATION AIDS TO THE ITALIAN BEET PRODUCERS AND SUGAR-PROCESSING INDUSTRY .
IN ITS OBSERVATIONS THE GOVERNMENT OF THE ITALIAN REPUBLIC CONTENDS THAT THE GRANT OF THESE AIDS WAS EXPRESSLY AUTHORIZED BY ARTICLE 38 OF REGULATION ( EEC ) NO 3330/74 FOR THE 1975/1976 TO 1979/1980 SUGAR MARKETING YEARS .
8 IT CONSIDERS THAT THIS AUTHORIZATION EMPOWERS IT TO FIND THE FUNDS NECESSARY FOR FINANCING BY MEANS WHICH APPEAR TO IT TO BE THE FAIREST AND MOST APPROPRIATE WITHIN THE LIMITS OF COMMUNITY LAW .
9 AUTHORIZATION UNDER ARTICLE 38 OF REGULATION ( EEC ) NO 3330/74 TO GRANT THE AIDS PROVIDED FOR THEREIN CANNOT BE TAKEN TO MEAN THAT ANY METHOD OF FINANCING THESE AIDS , WHATEVER ITS CHARACTER OR CONDITIONS , IS COMPATIBLE WITH COMMUNITY LAW .
IN THE FINANCING OF THE AID GRANTED , THE NATIONAL AUTHORITIES ARE IN PARTICULAR SUBJECT NOT ONLY TO THE OBLIGATIONS ARISING UNDER THE TREATY BUT ALSO TO THOSE ARISING UNDER THE OTHER PROVISIONS OF REGULATION ( EEC ) NO 3330/74 .
A METHOD OF FINANCING WHICH PROVIDES FOR DEROGATION FROM THE OTHER PROVISIONS MUST ARISE FROM AN EXPRESS PROVISION OR , AT LEAST , A FORM OF WORDS WHICH MAKE CLEAR THE COUNCIL ' S INTENTIONS IN THIS RESPECT .
THERE ARE NO WORDS ENABLING SUCH DEROGATION TO BE MADE AND THIS MUST BE BORNE IN MIND IN ANSWERING THE QUESTIONS SUBMITTED .
II - THE QUESTIONS RELATING TO THE SURCHARGE
10 THE FIRST QUESTION IS WHETHER ARTICLE 13 ( 2 ) OF THE TREATY AND ARTICLE 21 ( 2 ) OF REGULATION ( EEC ) NO 3330/74 AND ARTICLE 20 ( 2 ) OF REGULATION NO 1009/67/EEC PREVENT THE APPLICATION , IN TRADE BETWEEN THE MEMBER STATES ON THE MARKET IN