OF THE EEC TREATY FOUR QUESTIONS ON THE INTERPRETATION AND VALIDITY OF CERTAIN PROVISIONS OF COMMUNITY REGULATIONS CONCERNING EXCHANGE RATES TO BE APPLIED IN AGRICULTURE AND THE ADVANCE FIXING OF MONETARY COMPENSATORY AMOUNTS .
2 THE QUESTIONS WERE RAISED IN THE CONTEXT OF INTERLOCUTORY PROCEEDINGS BROUGHT BY FRATELLI PARDINI SPA ( HEREINAFTER REFERRED TO AS "PARDINI ") AGAINST THE ITALIAN MINISTRY OF FOREIGN TRADE AND BANCA TOSCANA FOR AN ORDER THAT BANCA TOSCANA SHOULD NOT PAY THE SUM OF LIT 98 280 000 CLAIMED BY THE MINISTRY BY WAY OF FORFEITURE OF SECURITY LODGED IN RESPECT OF THE IMPORTATION OF 21 000 TONNES OF COMMON WHEAT FROM NON-MEMBER COUNTRIES .
3 IT IS APPARENT FROM THE DOCUMENTS BEFORE THE COURT THAT ON 17 MAY 1983 AT 12.39 PM PARDINI APPLIED TO THE MINISTRY OF FOREIGN TRADE FOR AN IMPORT LICENCE IN ORDER TO IMPORT THE AFOREMENTIONED QUANTITY OF COMMON WHEAT FROM NON-MEMBER COUNTRIES, WITH ADVANCE FIXING ON THE DAY OF THE APPLICATION OF BOTH THE LEVY AND THE MONETARY COMPENSATORY AMOUNTS . THE APPLICATION WAS ACCOMPANIED BY SECURITY OF LIT 98 280 000 IN THE FORM OF A GUARANTEE FURNISHED BY THE LUCCA BRANCH OF BANCA TOSCANA . THE MONETARY COMPENSATORY AMOUNT APPLICABLE AT THAT TIME WAS LIT 6 403 PER TONNE OF WHEAT IN FAVOUR OF THE IMPORTER .
4 BY LETTER OF 20 JUNE 1983 PARDINI REQUESTED THE CANCELLATION OF THE IMPORT LICENCE AND RELEASE OF THE SECURITY FURNISHED ON THE GROUND THAT IN THE MEANTIME A NEW REPRESENTATIVE RATE FOR THE ITALIAN LIRA INVOLVING THE ABOLITION OF MONETARY COMPENSATORY AMOUNTS FOR ITALY HAD BEEN DECIDED ON WITH EFFECT FROM 23 MAY 1983, WHICH WOULD GIVE RISE TO THE ADJUSTMENT OF MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE BETWEEN 17 AND 23 MAY 1983 .
5 THAT REQUEST WAS REJECTED BY LETTER OF THE MINISTRY OF FOREIGN TRADE OF 22 OCTOBER 1983 ON THE GROUND THAT THE APPLICABLE COMMUNITY RULES DID NOT PERMIT THE CANCELLATION SOUGHT, AND PARDINI THEREFORE INSTITUTED INTERLOCUTORY PROCEEDINGS BEFORE THE PRETORE, LUCCA, PURSUANT TO ARTICLE 700 OF THE CODICE DI PROCEDURA CIVILE ( CODE OF CIVIL PROCEDURE ) ( PROCEDURE IN CASES OF URGENCY ). BY ORDER OF 29 OCTOBER 1985, THE PRETORE ORDERED SUSPENSION OF THE PAYMENT AND DECIDED TO PUT THE FOLLOWING PRELIMINARY QUESTIONS TO THE COURT :
"1 . MUST ARTICLE 7 ( 1 ) OF REGULATION NO 1160/82 ( OFFICIAL JOURNAL 1982 L 134, P . 22 ) BE INTERPRETED AS MEANING THAT THE ADJUSTMENT OF MONETARY COMPENSATORY AMOUNTS FIXED IN ADVANCE MAY BE APPLIED ONLY TO AMOUNTS SO FIXED AFTER THE ACTUAL PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES OF THE NEW REPRESENTATIVE RATES FOR NATIONAL CURRENCIES AGAINST THE ECU ( EUROPEAN CURRENCY UNIT )?
2 . IF THE ANSWER TO QUESTION 1 IS IN THE NEGATIVE, MAY THE ADJUSTMENT OF MONETARY COMPENSATORY AMOUNTS PROVIDED FOR IN ARTICLE 7 ( 1 ) OF REGULATION NO 1160/82 BE APPLIED TO AMOUNTS FIXED IN ADVANCE BEFORE PUBLICATION IN THE OFFICIAL