SHOULD BE MADE FOR THE GRANT OF PREMIUMS TO GROWERS WHO AGREE TO GRUB THEIR ORCHARDS WHOLLY OR IN PART .
7 A SYSTEM WITH THIS IN VIEW OBLIGES THE MEMBER STATES TO ACT WITHIN A TIME-LIMIT WHICH ALLOWS FOR THE ATTAINMENT OF THAT END, PARTICULARLY BY CARRYING OUT THE CHECKS AND CERTIFICATIONS IN QUESTION SO AS TO ENSURE THAT GROWERS CAN OBTAIN THE PREMIUM AS SOON AS THEY HAVE SATISFIED THE REQUIRED CONDITIONS .
UNDER ARTICLE 2 ( 1 ) OF REGULATION NO 2517/69, REQUESTS FOR THE GRANTING OF PREMIUMS HAD TO BE LODGED BEFORE 1 MARCH 1971 AND COULD THEREFORE HAVE BEEN MADE AT AN EARLIER DATE .
IT IS NOT DISPUTED THAT THE NORMAL TIME FOR GRUBBING IS BETWEEN THE END OF THE HARVEST AND THE RENEWAL OF GROWTH, THAT IS BETWEEN AUTUMN AND SPRING .
THEREFORE, THE ITALIAN REPUBLIC SHOULD HAVE CARRIED OUT THE CHECKS AND CERTIFICATIONS IN THE SPRING OF 1971 AT THE LATEST IN ORDER TO BE ABLE TO GIVE EFFECT, WITHIN AN APPROPRIATE TIME, TO THE REQUESTS FOR PREMIUMS LODGED IN RESPECT OF GRUBBING CARRIED OUT DURING THE FIRST PERIOD TO BE TAKEN INTO ACCOUNT, THAT IS IN THE WINTER OF 1970/71 .
IT WAS IMPERATIVE FOR THE EFFECTIVENESS OF THE MEASURES ADOPTED TO OBSERVE SUCH A TIME LIMIT, AS THEY WOULD ONLY HAVE BEEN ABLE FULLY TO ACHIEVE THEIR OBJECTIVE ON CONDITION THAT THEY WERE IMPLEMENTED SIMULTANEOUSLY IN ALL THE MEMBER STATES .
8 IT WAS IMPERATIVE FOR THE EFFECTIVENESS OF THE MEASURES ADOPTED TO OBSERVE SUCH A TIME LIMIT, AS THEY WOULD HAVE BEEN ABLE TO ACHIEVE THEIR OBJECTIVE ON CONDITION THAT THEY WERE IMPLEMENTED SIMULTANEOUSLY IN ALL MEMBER STATES . IT APPEARS THEREFORE THAT THE DELAY BY THE ITALIAN REPUBLIC IN CHECKING AND CERTIFYING AS PROVIDED FOR BY ARTICLE 6 OF REGULATION NO 2637/69 AMOUNTED TO A FAILURE TO FULFIL ITS OBLIGATIONS .
9 FINALLY THE COMMISSION COMPLAINS THAT THE ITALIAN REPUBLIC HAS NOT PAID THE PREMIUMS FOR GRUBBING FRUIT TREES, PROVIDED FOR BY REGULATIONS NOS 2517/69 AND 2637/69, FOR THE BENEFIT OF GROWERS ENTITLED TO CLAIM THEM .
10 THE ITALIAN GOVERNMENT DOES NOT DISPUTE THE TRUTH OF THAT ALLEGATION, BUT ARGUES THAT POLITICAL CIRCUMSTANCES HAD MADE IT IMPOSSIBLE FOR THE COMPETENT AUTHORITIES, DESPITE THEIR GOOD INTENTIONS, TO FULFIL THEIR OBLIGATIONS WITH THE EXPEDITION DESIRED .
ON THE ONE HAND, ITALIAN LAW REQUIRED THAT EXPENDITURE BY THE STATE MUST BE AUTHORIZED BY LAW AND, ON THE OTHER HAND, THE POLITICAL CRISIS IN ITALY AT THE END OF 1971 AND THE BEGINNING OF 1972 PARALYSED THE FUNCTIONING OF THE LEGISLATIVE AUTHORITIES TO THE POINT THAT MADE IT IMPOSSIBLE TO ENACT WITH THE PRESCRIBED TIME A LAW COVERING THE PAYMENT OF PREMIUMS .
11 A MEMBER STATE CANNOT PLEAD THE PROVISIONS OR PRACTICES OF ITS INTERNAL ORDER IN ORDER TO JUSTIFY FAILURE TO OBSERVE OBLIGATIONS AND TIME-LIMITS ARISING FROM COMMUNITY REGULATIONS .
IT FALLS TO A MEMBER STATE IN ACCORDANCE WITH THE GENERAL OBLIGATIONS IMPOSED ON MEMBER STATES BY ARTICLE 5