IMPROPER AND PROHIBITED AND THAT IT MUST BE HELD THAT THE COMMUNITY INSTITUTIONS ALONE ARE COMPETENT WITH REGARD TO SUGAR?
2 . MUST THE PROVISION CONTAINED IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY OF ROME CONCERNING THE PROHIBITION ON DISCRIMINATION BE INTERPRETED IN SUCH A WAY THAT A NATIONAL CHARGE ON SUGAR IMPOSED ACCORDING TO THE CRITERIA SET OUT ABOVE IN QUESTION 1 IS TO BE CONSIDERED IMPROPER AND PROHIBITED IN THAT IT IS NOT IMPOSED SOLELY WHEN THE SUGAR IS HELD BY NATIONAL INDUSTRIAL PRODUCERS , WHICH ENJOY A COMPLETE AND EXCLUSIVE EXEMPTION FROM PAYMENT THEREOF ( WHILST ALL OTHER TRADERS ARE LIABLE TO THE SAID CHARGE , ALBEIT TO VARYING DEGREES)?
3 . MUST THE PROVISION CONTAINED IN ARTICLE 12 OF THAT TREATY , CONCERNING THE PROHIBITION ON THE INTRODUCTION OF CHARGES HAVING AN EFFECT EQUIVALENT TO CUSTOMS DUTIES , BE INTERPRETED IN SUCH A WAY THAT THE CHARGE DESCRIBED ABOVE IN QUESTIONS 1 AND 2 IS TO BE CONSIDERED IMPROPER AND PROHIBITED IN THAT , WITH REGARD TO THE ORIGIN OF THE SUGAR , IT IS IMPOSED EXCLUSIVELY ON SUGAR PRODUCED IN THE COMMUNITY WHICH IS PRESENT IN ITALY ON 5 JULY 1978 AND ON THE OTHER HAND IS NOT IMPOSED ON HOME-PRODUCED SUGAR HELD IN STOCK BY NATIONAL INDUSTRIAL PRODUCERS ON THAT DATE?
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
' '
5AS TO QUESTION 1 , IN ITS JUDGMENT OF 25 MAY 1977 IN CASE 77/76 CUCCHI V AVEZ ( 1977 ) ECR 987 AT PP . 1010 AND 1011 , REFERENCE FOR A PRELIMINARY RULING , THE COURT RULED :
' ' 2 . UNDER REGULATION ( EEC ) NO 3330/74 THE COMMUNITY IS , IN THE ABSENCE OF EXPRESS DEROGATION , ALONE COMPETENT TO ADOPT SPECIFIC MEASURES INVOLVING INTERVENTION IN THE MACHINERY OF PRICE FORMATION , IN PARTICULAR BY LIMITING THE EFFECTS OF AN ALTERATION IN THE LEVEL OF COMMUNITY PRICES , WHETHER AS REGARDS INTERVENTION PRICES OR THE RATE OF EXCHANGE OF THE NATIONAL CURRENCY IN RELATION TO THE UNIT OF ACCOUNT ; AN INFRINGEMENT IN THIS RESPECT OF REGULATION ( EEC ) NO 3330/74 MAY BE THE SUBJECT OF PROCEEDINGS BEFORE THE NATIONAL COURTS BROUGHT BY ANY NATURAL OR LEGAL PERSON WHOSE STOCKS HAVE BEEN SUBJECT TO THE NATIONAL MEASURE . ' '
6IT EMERGES FROM THE OBSERVATIONS