THEY REQUEST THE TRIBUNALE DI ROMA TO DECLARE THAT THOSE LEVIES ARE NOT PAYABLE OWING TO THE UNLAWFULNESS OF THOSE TWO ARTICLES AND TO ORDER THE DEFENDANTS TO REPAY WITH INTEREST THE LEVIES ALREADY PAID .
3 CONSIDERING THAT ITS DECISION DEPENDED ON THE ANSWER TO THE QUESTION WHETHER OR NOT ARTICLES 24 AND 28 OF REGULATION NO 1785/81 ARE VALID , THE TRIBUNALE DI ROMA STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING QUESTIONS TO THE COURT :
( A ) INASMUCH AS IT REQUIRES ITALIAN PRODUCERS TO PAY A LEVY FOR THE SALE OF SUGAR AT A GUARANTEED PRICE CALCULATED ON THE BASIS OF THE PRODUCTION QUOTAS FIXED IN ARTICLE 24 , IS ARTICLE 28 OF COUNCIL REGULATION ( EEC ) NO 1785/81 UNLAWFUL AS BEING CONTRARY TO THE PROHIBITION OF DISCRIMINATION LAID DOWN IN ARTICLES 7 AND 40 ( 3 ) OF THE EEC TREATY AND CONTRARY TO THE PRINCIPLE OF PROPORTIONALITY HAVING REGARD TO THE AIM LAID DOWN IN ARTICLE 39 ( 1 ) ( B ) OF THAT TREATY?
( B)IN DETERMINING THE ITALIAN A PRODUCTION QUOTAS AND THE RATIO BETWEEN THE A QUOTA AND THE B QUOTA , IS ARTICLE 24 OF REGULATION NO 1785/81 UNLAWFUL BECAUSE THE REASONS ON WHICH IT IS BASED ARE NOT STATED , AS REQUIRED BY ARTICLE 190 OF THE TREATY?
4 IN ITS ORDER FOR REFERENCE THE NATIONAL COURT STATES THAT ITALY IS THE MEMBER STATE HAVING THE LOWEST RATIO BETWEEN ITS A QUOTA AND ITS INTERNAL CONSUMPTION ( 85% COMPARED WITH A COMMUNITY AVERAGE OF 101% WITH A MAXIMUM OF 194% IN BELGIUM ). AS A RESULT ITALY CAN EXPORT ONLY B QUOTA SUGAR , ON WHICH A LEVY OF 39.5% OF THE INTERVENTION PRICE MUST BE PAID , WHILST THE OTHER MEMBER STATES MAY ALSO EXPORT A QUOTA SUGAR , ON WHICH A LOWER LEVY OF 2% MUST BE PAID . THAT SITUATION CONSTITUTES AN INFRINGEMENT OF ARTICLE 7 OF THE EEC TREATY .
5 ACCORDING TO THE NATIONAL COURT , DISCRIMINATION ALSO EXISTS BETWEEN PRODUCERS WITHIN THE MEANING OF THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE TREATY . THE RATIO BETWEEN THE LEVIES PAID ON QUANTITIES CHARGED TO THE B QUOTA AND THE AMOUNT OF THAT QUOTA FOR ITALY IS THE HIGHEST IN THE COMMUNITY ( LIT 138 PER KG AS AGAINST A COMMUNITY AVERAGE OF LIT 113 PER KG ). SECONDLY , THE FIXED PRODUCTION COSTS FOR A QUOTA QUANTITIES IN ITALY ARE THE HIGHEST IN THE COMMUNITY BECAUSE THE AVERAGE FACTORY PRODUCTION IN ITALY IS THE LOWEST ( 293 333 QUINTALS AS AGAINST THE COMMUNITY AVERAGE OF 466 471 QUINTALS ). FURTHERMORE , THE LEVIES IMPOSED ON ITALIAN PRODUCERS IN RESPECT OF THE B QUOTA ARE DISPROPORTIONATE IN RELATION TO THE AIM OF ENSURING A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL COMMUNITY SET OUT IN ARTICLE 39 ( 1 ) ( B ) OF THE TREATY .
6 FINALLY , IT IS STATED IN THE ORDER FOR REFERENCE THAT