( OFFICIAL JOURNAL L 61 , P . L ), AND ALSO WITH COMMISSION REGULATION ( EEC ) NO 585/77 OF 18 MARCH 1977 ON THE SYSTEM OF IMPORT AND EXPORT LICENCES FOR BEEF AND VEAL ( OFFICIAL JOURNAL L 75 , P . 5 ) AND , ON THE OTHER HAND , WITH THE COUNCIL DIRECTIVES OF 17 APRIL 1972 RELATING TO VARIOUS STRUCTURAL QUESTIONS IN THE FIELD OF AGRICULTURE , IN PARTICULAR WITH COUNCIL DIRECTIVE NO 72/159 ON THE MODERNIZATION OF FARMS ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1972 ( II ), P . 324 ).
2THE COURT ' S FILE SHOWS THAT GIUSEPPE BARDI , THE PLAINTIFF IN THE MAIN ACTION , THE MANAGER OF A FARM WITHIN THE COMMUNE OF CECINA ( PROVINCE OF LIVORNO ), ENTERED INTO A CONTRACT ON 20 FEBRUARY 1978 WITH AZIENDA AGRICOLA PARADISO ( HEREINAFTER REFERRED TO AS ' ' AZIENDA ' ' ), A LIMITED PARTNERSHIP ENGAGED IN CATTLE-REARING , WHOSE FARM IS WITHIN THE COMMUNE OF DONORATICO ( PROVINCE OF LIVORNO ), FOR THE SUPPLY TO THE SAID PARTNERSHIP OF 40 QUINTALS OF MAIZE FOR ANIMAL FEED .
3IT WAS A CONDITION OF THAT CONTRACT THAT THE ORDER WOULD BE ' ' DEEMED TO HAVE BEEN CANCELLED IF IT WERE TO PROVE IMPOSSIBLE FOR THE CONTRACTING PARTY AZIENDA TO OBTAIN AN IMPORT LICENCE FOR 100 CALVES FROM NON-MEMBER COUNTRIES PURSUANT TO THE EEC REGULATIONS IN FORCE ' ' .
4AZIENDA , BY A LETTER DATED 10 MARCH 1978 , NOTIFIED MR BARDI THAT THE ORDER OF 20 FEBRUARY 1978 WAS TO BE REGARDED AS CANCELLED IN VIEW OF THE FACT THAT IT HAD BEEN INFORMED THAT IT COULD NOT APPLY FOR AN IMPORT LICENCE FOR CALVES FROM EAST EUROPEAN COUNTRIES HAVING REGARD TO THE PROVISIONS OF A CIRCULAR OF THE MINISTRY FOR FOREIGN TRADE DATED 28 FEBRUARY 1970 .
5MR BARDI THEN ISSUED A SUMMONS AGAINST AZIENDA TO APPEAR BEFORE THE PRETURA WITH A VIEW TO OBTAINING AN ORDER FOR SPECIFIC PERFORMANCE OF THE CONTRACT AND CONSEQUENTLY AN ORDER AGAINST AZIENDA TO TAKE DELIVERY OF THE 40 QUINTALS OF MAIZE WHICH IT HAD ORDERED .
6IT IS CLEAR FROM THE ARGUMENTS OF THE PARTIES BEFORE THE PRETURA AND THE PARTICULARS SUPPLIED TO THE COURT THAT THE CALVES WHICH AZIENDA INTENDED TO BUY AND FOR THE FATTENING OF WHICH IT PLACED THE ORDER FOR 40 QUINTALS OF MAIZE WITH MR BARDI WERE TO HAVE BEEN IMPORTED AS PART OF AN IMPORT QUOTA AT A REDUCED RATE OF LEVY ALLOCATED TO ITALY BY REGULATION NO 2902/77 .
7AZIENDA DOES NOT APPEAR TO HAVE MADE ANY APPLICATION FOR THIS PURPOSE TO THE COMPETENT AUTHORITIES , CONSIDERING THAT IT WAS PRECLUDED FROM QUALIFYING AS A BENEFICIARY OF THAT IMPORT QUOTA BY CIRCULAR NO 1/170332 OF THE MINISTRY FOR FOREIGN TRADE DATED 28 FEBRUARY 1978 .
8IN FACT , AS PROVIDED FOR IN THAT CIRCULAR , THE BENEFIT OF IMPORTS AT A REDUCED RATE OF LEVY WAS RESERVED FOR AGRICULTURAL PRODUCERS FULFILLING THE