3 THE MAIN ACTION WAS BROUGHT FOLLOWING TWO REASONED OPINIONS SENT BY THE COMMISSION TO THE FRENCH GOVERNMENT ON 2 AND 9 OCTOBER 1981 AFTER CONSIDERABLE DELAYS IN THE RELEASE TO THE MARKET OF WINES IMPORTED INTO FRANCE FROM ITALY DURING THE SUMMER OF 1981 AND AFTER LARGE QUANTITIES OF ITALIAN WINE HAD BEEN HELD UP AT VARIOUS FRONTIER POSTS . THOSE REASONED OPINIONS ARE CONCERNED ON THE ONE HAND WITH THE SYSTEMATIC ANALYSES CARRIED OUT BY THE FRENCH AUTHORITIES ON WINES IMPORTED FROM ITALY AND WHICH ARE RELATED TO MEASURES OF SELF-RESTRAINT ADOPTED BY CERTAIN IMPORTERS IN FRANCE , AND ON THE OTHER HAND WITH THE PRACTICES OF THE FRENCH AUTHORITIES IN RELATION TO CERTAIN IRREGULARITIES IN THE ACCOMPANYING DOCUMENTS PRESENTED AT THE FRONTIER IN RESPECT OF CARRIAGE OPERATIONS IN RESPECT OF ITALIAN WINE .
4 IN REQUESTING THE COURT TO ORDER INTERIM MEASURES PENDING THE OUTCOME OF THE MAIN PROCEEDINGS THE COMMISSION IS SEEKING THE SUSPENSION OF THE ABOVE-MENTIONED NATIONAL PRACTICES . ON THE ONE HAND IT IS ASKING FOR THE SYSTEMATIC ANALYSES OF WINES AT THE FRONTIER TO BE SUSPENDED FORTHWITH AND TO BE REPLACED BY RANDOM CHECKS CARRIED OUT , AT EACH FRONTIER POST , AMONG ALL IMPORTERS IN PROPORTION TO THE NUMBER OF CONSIGNMENTS PRESENTED BY EACH OF THEM FOR IMPORTATION AND THAT ANY ANALYSES BE COMPLETED WITHIN A FORTNIGHT AT THE MOST . IT FURTHER REQUESTS THAT THE FRENCH AUTHORITIES BE ORDERED TO RELEASE IMMEDIATELY TO THE MARKET ALL CONSIGNMENTS OF WINE PRODUCTS PRESENTED FOR IMPORTATION AND THAT IN THE EVENT OF IRREGULARITY IN THE ACCOMPANYING DOCUMENTS SUCH RELEASE MAY BE DELAYED ONLY FOR THE TIME STRICTLY NECESSARY FOR REGULARIZING THE DOCUMENTS UNLESS THERE IS REASONABLE CAUSE FOR SUSPICION OF FRAUD REGARDING THE ORIGIN OF THE PRODUCTS OR THEIR COMPLIANCE WITH COMMUNITY PROVISIONS IN RELATION TO THEIR COMPOSITION OR TO OENOLOGICAL PROCESSES .
5 ARTICLE 83 ( 2 ) OF THE RULES OF PROCEDURE PROVIDES THAT AN ORDER FOR INTERIM MEASURES IS TO BE CONDITIONAL UPON THERE BEING CIRCUMSTANCES GIVING RISE TO URGENCY AND FACTUAL AND LEGAL GROUNDS ESTABLISHING A PRIMA FACIE CASE FOR THE INTERIM MEASURES APPLIED FOR .
6 IT IS NECESSARY THEREFORE , TO EXAMINE WHETHER THOSE CONDITIONS ARE FULFILLED IN THE PRESENT CASE .
7 ACCORDING TO THE COMMISSION AND THE ITALIAN GOVERNMENT THE ANALYSES IN QUESTION AND THE PROCEDURES FOR CHECKING THE ACCOMPANYING DOCUMENTS ARE INTENDED IN REALITY TO PREVENT OR RESTRICT THE IMPORTATION OF WINES FROM ITALY . THOSE MEASURES WERE ADOPTED IN THE CONTEXT OF A COMMITMENT TO EXERCISE SELF-RESTRAINT UNDERTAKEN BY CERTAIN FRENCH IMPORTERS WHOM THE FRENCH PUBLIC AUTHORITIES HAD UNDERTAKEN TO SUPPORT BY SUBJECTING IMPORTATIONS MADE BY OTHER IMPORTERS TO PENALIZING DELAYS .
8 THE FRENCH GOVERNMENT , FOR ITS PART , MAINTAINS THAT IN CHECKING THE REGULARITY OF THE ACCOMPANYING DOCUMENTS AND THE QUALITY OF THE WINES IT IS ONLY FULFILLING ITS OBLIGATION UNDER THE COMMUNITY RULES IN RELATION TO THE PROTECTION OF PUBLIC HEALTH . IN THAT RESPECT IT REFERS TO CASES WHERE