Judgment of the Court of 30 November 1978. - Francesco Bussone v Ministère italien de l'agriculture. - Reference for a preliminary ruling: Pretura di Venasca - Italy. - Labelling of eggs. - Case 31/78.
European Court reports 1978 Page 02429
Greek special edition Page 00775
Portuguese special edition Page 00857
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EGGS - MARKETING STANDARDS - BANDS AND LABELS - PREPARATION AND ISSUE - EXCLUSIVE RIGHT OF THE AUTHORITIES - ADMISSIBILITY
( REGULATIONS NO 1619/68 AND NO 2772/75 OF THE COUNCIL ; REGULATION NO 95/69 OF THE COMMISSION )
2 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - EGGS - MARKETING STANDARDS - SUPERVISION - METHODS OF FINANCING - BANDS AND LABELS - ISSUE - PAYMENT OF A CONSIDERATION - ADMISSIBILITY - CONDITION - CONSIDERATION NOT EXCEEDING THE REAL COST OF SUPERVISION - DETERMINATION BY THE NATIONAL COURT
( REGULATIONS NO 1619/68 AND NO 2772/75 OF THE COUNCIL )
3 . MEASURES ADOPTED BY AN INSTITUTION - REGULATION - DIRECT APPLICABILITY - CONCEPT
( EEC TREATY , ART . 189 )
4 . COMMUNITY LAW - PRINCIPLES - DISCRIMINATION ON GROUNDS OF NATIONALITY - PROHIBITION - SCOPE
( EEC TREATY , ART . 7 )
Summary
1 . REGULATION NO 1619/68 OF THE COUNCIL ON MARKETING STANDARDS FOR EGGS , REPLACED BY REGULATION NO 2772/75 AND REGULATION NO 95/69 OF THE COMMISSION MUST BE INTERPRETED TO MEAN THAT THE DISCRETIONARY POWER HELD BY THE MEMBER STATES BY VIRTUE OF THOSE REGULATIONS AUTHORIZES THEM TO ENTRUST EXCLUSIVELY TO THE PUBLIC AUTHORITIES THE PREPARATION AND DISTRIBUTION OF BANDS AND LABELS WITH WHICH LARGE PACKS OF EGGS MUST BE PROVIDED .
2 . IN THE ABSENCE OF ANY PROVISION IN THE COMMUNITY RULES RELATING TO THE MEANS OF FINANCING THE COSTS ARISING FROM THE SUPERVISION REQUIRED BY THOSE RULES THE MEMBER STATES MAY MAKE THE ISSUE OF BANDS AND LABELS CONDITIONAL ON PAYMENT OF A CONSIDERATION IN RESPECT OF THAT SUPERVISION PROVIDED THAT SUCH CONSIDERATION DOES NOT EXCEED THE REAL COSTS OF THE SUPERVISORY SYSTEM IN QUESTION .
IT IS FOR THE NATIONAL COURT TO DETERMINE WHETHER OR NOT THE AMOUNT OF THE CONSIDERATION CHARGED IS JUSTIFIED .
3 . BY REASON OF ITS NATURE AND ITS FUNCTION IN THE SYSTEM OF THE SOURCES OF COMMUNITY LAW , A REGULATION HAS DIRECT EFFECT . THE DIRECT APPLICABILITY OF A REGULATION REQUIRES THAT ITS ENTRY INTO FORCE AND ITS APPLICATION IN FAVOUR OF OR AGAINST THOSE SUBJECT TO IT MUST BE INDEPENDENT OF ANY MEASURE OF RECEPTION INTO NATIONAL LAW . PROPER COMPLIANCE WITH THAT DUTY PRECLUDES THE APPLICATION OF ANY LEGISLATIVE MEASURE , EVEN ONE ADOPTED SUBSEQUENTLY , WHICH IS INCOMPATIBLE WITH THE PROVISIONS OF THAT REGULATION .
4 . ARTICLE 7 OF THE TREATY PROHIBITING DISCRIMINATION ON GROUNDS OF NATIONALITY DOES NOT APPLY TO NATIONAL RULES WHICH ARE NOT APPLICABLE ON THE BASIS OF THE NATIONALITY OF THE TRADERS