REQUIREMENTS ( OFFICIAL JOURNAL 1976 , L 135 , P . 32 ), WHICH WAS REPLACED BY COUNCIL REGULATION NO 348/79/EEC OF 5 FEBRUARY 1979 ( OFFICIAL JOURNAL 1979 , L 54 , P . 81 ), THE ONLY NEW PLANTINGS OF VINES PERMITTED ARE THOSE WHICH GIVE EFFECT TO FARM DEVELOPMENT PLANS , SUBJECT TO THE CONDITIONS LAID DOWN BY DIRECTIVE 72/159 . ARTICLE 2 OF DIRECTIVE 72/159 INDICATES THAT A FARM IS SUITABLE FOR DEVELOPMENT WHERE , INTER ALIA , THE FARMER PRACTISES FARMING AS HIS MAIN OCCUPATION , AND ARTICLE 3 THEREOF PROVIDES THAT MEMBER STATES ARE TO DEFINE WHAT IS MEANT BY THE EXPRESSION ' A FARMER PRACTISING FARMING AS HIS MAIN OCCUPATION ' BY REFERENCE TO A NUMBER OF CRITERIA . HOWEVER , THE ITALIAN LAW IMPLEMENTING THE DIRECTIVE INCLUDES WITHIN ITS DEFINITION OF ' A FARMER PRACTISING FARMING AS HIS MAIN OCCUPATION ' , APART FROM NATURAL PERSONS , ONLY AGRICULTURAL COOPERATIVES AND FARMERS ' ASSOCIATIONS .
3 THE CASE CAME BEFORE THE TRIBUNALE AMMINISTRATIVO REGIONALE DELLA TOSCANA , WHICH WHEN ASKED TO DECIDE WHETHER IT WAS COMPATIBLE WITH DIRECTIVE 72/159 FOR A NATIONAL LAW TO RESTRICT THE BENEFITS THEREUNDER TO AGRICULTURAL COOPERATIVES AND ASSOCIATIONS OF FARMERS PRACTISING FARMING AS THEIR MAIN OCCUPATION , STAYED THE PROCEEDINGS AND REQUESTED THE COURT OF JUSTICE TO GIVE A PRELIMINARY RULING ON THE INTERPRETATION OF THE TERM ' FARMER PRACTISING FARMING AS HIS MAIN OCCUPATION ' FOR THE PURPOSES OF ARTICLE 3 OF THE DIRECTIVE .
4 FOR A FULLER EXPOSITION OF THE NATIONAL AND COMMUNITY LAW AT ISSUE , THE FACTS OF THE CASE , THE COURSE OF THE PROCEDURE AND THE OBSERVATIONS SUBMITTED UNDER ARTICLE 20 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC , REFERENCE SHOULD BE MADE TO THE REPORT FOR THE HEARING . THEY ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
5 IN THE REFERENCE THE NATIONAL COURT SEEKS , IN ESSENCE , TO ASCERTAIN WHETHER ARTICLE 3 ( 1 ) OF DIRECTIVE 72/159 PERMITS MEMBER STATES , WHEN LAYING DOWN THE CRITERIA TO BE FULFILLED BY A PERSON OTHER THAN A NATURAL PERSON IN ORDER TO BE REGARDED AS A FARMER PRACTISING FARMING AS HIS MAIN OCCUPATION , TO EXCLUDE CERTAIN TYPES OF LEGAL PERSON FROM THE SCOPE OF THE DIRECTIVE SOLELY BY REASON OF THEIR LEGAL FORM .
6 IN ORDER TO ANSWER THAT QUESTION IT SHOULD FIRST BE NOTED THAT THE DIRECTIVE IN QUESTION , WHICH ACCORDING TO ARTICLE 1 THEREOF IS DESIGNED TO ' BRING ABOUT STRUCTURAL CONDITIONS CONDUCIVE TO A SIGNIFICANT IMPROVEMENT IN AGRICULTURAL INCOMES AND WORKING AND PRODUCTION CONDITIONS . . . ' , SETS UP A SYSTEM OF INCENTIVES AND AIDS FOR ' FARMS SUITABLE FOR DEVELOPMENT ' WITHOUT SPECIFYING THE LEGAL FORM WHICH SUCH A FARM SHOULD ASSUME .
7 THE MEANING OF ' A FARM SUITABLE FOR DEVELOPMENT ' IS SET OUT EXHAUSTIVELY IN ARTICLE