REQUIRED , WHERE A QUESTION OF COMMUNITY LAW IS RAISED BEFORE IT , TO COMPLY WITH ITS OBLIGATION TO BRING THE MATTER BEFORE THE COURT OF JUSTICE , UNLESS IT HAS ESTABLISHED THAT THE CORRECT APPLICATION OF COMMUNITY LAW IS SO OBVIOUS AS TO LEAVE NO SCOPE FOR ANY REASONABLE DOUBT . THE EXISTENCE OF SUCH A POSSIBILITY MUST BE ASSESSED IN THE LIGHT OF THE SPECIFIC CHARACTERISTICS OF COMMUNITY LAW , THE PARTICULAR DIFFICULTIES TO WHICH ITS INTERPRETATION GIVES RISE AND THE RISK OF DIVERGENCES IN JUDICIAL DECISIONS WITHIN THE COMMUNITY .
Parties
IN CASE 283/81
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE FIRST CIVIL DIVISION OF THE CORTE SUPREMA DI CASSAZIONE ( SUPREME COURT OF CASSATION ) FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT
SRL CILFIT - IN LIQUIDATION - AND 54 OTHERS , ROME ,
V
MINISTRY OF HEALTH , IN THE PERSON OF THE MINISTER , ROME ,
AND
LANIFICIO DI GAVARDO SPA , MILAN ,
V
MINISTRY OF HEALTH , IN THE PERSON OF THE MINISTER , ROME ,
Subject of the case
ON THE INTERPRETATION OF THE THIRD PARAGRAPH OF ARTICLE 177 OF THE EEC TREATY ,
Grounds
1 BY ORDER OF 27 MARCH 1981 , WHICH WAS RECEIVED AT THE COURT ON 31 OCTOBER 1981 , THE CORTE SUPREMA DI CASSAZIONE ( SUPREME COURT OF CASSATION ) REFERRED TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY A QUESTION ON THE INTERPRETATION OF THE THIRD PARAGRAPH OF ARTICLE 177 OF THE EEC TREATY .
2 THAT QUESTION WAS RAISED IN CONNECTION WITH A DISPUTE BETWEEN WOOL IMPORTERS AND THE ITALIAN MINISTRY OF HEALTH CONCERNING THE PAYMENT OF A FIXED HEALTH INSPECTION LEVY IN RESPECT OF WOOL IMPORTED FROM OUTSIDE THE COMMUNITY . THE FIRMS CONCERNED RELIED ON REGULATION ( EEC ) NO 827/68 OF 28 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN CERTAIN PRODUCTS LISTED IN ANNEX II TO THE TREATY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( I ) P . 209 ). ARTICLE 2 ( 2 ) OF THAT REGULATION PROHIBITS MEMBER STATES FROM LEVYING ANY CHARGE HAVING AN EFFECT EQUIVALENT TO A CUSTOMS DUTY ON IMPORTED ' ' ANIMAL PRODUCTS ' ' , NOT SPECIFIED OR INCLUDED ELSEWHERE , CLASSIFIED UNDER HEADING 05.15 OF THE COMMON CUSTOMS TARIFF . AGAINST THAT ARGUMENT THE MINISTRY FOR HEALTH CONTENDED THAT WOOL IS NOT INCLUDED IN ANNEX II TO THE TREATY AND IS THEREFORE NOT SUBJECT TO A COMMON ORGANIZATION OF AGRICULTURAL MARKETS .
3 THE MINISTRY OF HEALTH INFERS FROM THOSE CIRCUMSTANCES THAT THE ANSWER TO THE QUESTION CONCERNING THE INTERPRETATION OF THE MEASURE ADOPTED BY THE COMMUNITY INSTITUTIONS IS SO OBVIOUS AS TO RULE OUT THE POSSIBILITY OF THERE BEING ANY INTERPRETATIVE DOUBT AND THUS OBVIATES THE NEED TO REFER THE MATTER TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING . HOWEVER , THE COMPANIES CONCERNED MAINTAIN THAT