THE PROCEDURE AND CONDITIONS FOR THE DISPOSAL OF CEREALS HELD BY INTERVENTION AGENCIES ( OJ ENGLISH SPECIAL EDITION 1970 ( I ), P . 126 ).
Grounds
1 BY AN ORDER OF 27 APRIL 1976 , LODGED AT THE REGISTRY OF THE COURT ON 25 JUNE 1976 , THE PRETURA DI CITTADELLA REFERRED TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY A SERIES OF QUESTIONS ESSENTIALLY CONCERNING THE CONDUCT OF THE AZIENDA DI STATO PER GLI INTERVENTI SUL MERCATO AGRICOLO ( AIMA ) ( STATE COOPERATIVE FOR INTERVENTION ON THE AGRICULTURAL MARKET ) IN RELATION TO VARIOUS PROVISIONS OF COMMUNITY LAW .
2/3 THESE QUESTIONS ARE RAISED WITHIN THE FRAMEWORK OF AN ACTION BETWEEN THE FLOUR-MILLING UNDERTAKING LUIGI BENEDETTI , THE PLAINTIFF IN THE MAIN ACTION , AND THE UNDERTAKING MUNARI F.LLI , FOR DAMAGES IN RESPECT OF LOSS WHICH IS SAID TO HAVE BEEN SUFFERED BY THE FORMER AS A RESULT OF UNFAIR COMPETITION ON THE PART OF THE LATTER UNDERTAKING IN SELLING CERTAIN QUANTITIES OF FLOUR AT A PRICE BELOW THE MARKET PRICE . THE DEFENDANT IN THE MAIN ACTION DID NOT DISPUTE THESE SALES , BUT IMPUTED ALL LIABILITY FOR ANY LOSS TO THE AIMA ON THE GROUND THAT THE AIMA SOLD THE DEFENDANT COMMON WHEAT AT PRICES BELOW THE MARKET PRICE .
4 BY THE BEFOREMENTIONED ORDER OF 27 APRIL 1976 , THE PRETURA AUTHORIZED THE INSTITUTION OF PROCEEDINGS AGAINST THE AIMA , AND AT THE SAME TIME , THUS WITHOUT WAITING FOR THE EXPLANATIONS OF THE AIMA , REFERRED THE ABOVEMENTIONED QUESTIONS TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING .
5 THE FIRST AND SECOND QUESTIONS ASK WHETHER THE COMMUNITY LEGISLATION ON THE MARKET IN CEREALS AUTHORIZES INTERVENTION AGENCIES , AND IN PARTICULAR THE AIMA , TO TAKE THE UNILATERAL DECISIONS WHICH ACCORDING TO THE QUESTIONS ARE SAID TO HAVE BEEN TAKEN , AND WHETHER SUCH CONDUCT CONSTITUTES A BREACH OF THE PROHIBITION OF DISCRIMINATION CONTAINED IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY .
6 THE THIRD QUESTION ASKS WHETHER THE ALLEGED CONDUCT OF THE AIMA CONSTITUTES A STATE AID WITHIN THE MEANING OF ARTICLES 92 TO 94 OF THE TREATY AND ARTICLE 22 OF REGULATION NO 120/67/EEC OF THE COUNCIL OF 13 JUNE 1967 , ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( OJ ENGLISH SPECIAL EDITION 1967 , P . 33 ).
7 THE FOURTH AND FIFTH QUESTIONS ASK WHETHER AN UNDERTAKING ENDOWED WITH SUBSTANTIAL FINANCIAL RESOURCES , WHICH ENABLE IT TO OPERATE ON THE MARKET WITHOUT TAKING ACCOUNT OF THE ACTIONS AND REACTIONS OF COMPETITORS , CONSTITUTES AN UNDERTAKING IN A DOMINANT POSITION WITHIN THE MEANING OF ARTICLES 86 AND 90 OF THE TREATY AND OF REGULATION NO 26/62/EEC , OF 4 APRIL 1962 ( OJ ENGLISH SPECIAL EDITION 1959-1962 , P . 129 ) - EVEN IF THAT UNDERTAKING IS AN INTERVENTION AGENCY - AND WHETHER CERTAIN CONDUCT ON THE PART OF SUCH AN UNDERTAKING CONSTITUTES ABUSE OF A