PERIOD IN ORDER TO AVOID TREATING EXPORTERS DIFFERENTLY ACCORDING TO THE FRONTIER OVER WHICH THEIR PRODUCTS ARE EXPORTED .
Parties
IN CASE 31/69
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, ARMANDO TOLEDANO-LAREDO, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF EMILE REUTER, ITS LEGAL ADVISER, 4 BOULEVARD ROYAL, APPLICANT,
V
ITALIAN REPUBLIC, REPRESENTED BY ADOLFO MARESCA, MINISTER PLENIPOTENTIARY, ACTING AS AGENT, ASSISTED BY ANTONIO FRENI, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE ITALIAN EMBASSY, DEFENDANT,
Subject of the case
APPLICATION FOR A DECLARATION THAT THE ITALIAN REPUBLIC, BY FAILING TO PAY PROMPTLY TO EXPORTERS THE REFUNDS ON PRODUCTS COMING UNDER THE COMMON ORGANIZATIONS OF THE MARKET ESTABLISHED AFTER 1 JULY 1967, HAS FAILED TO FULFIL AN OBLIGATION UNDER THE TREATY,
Grounds
1 BY VARIOUS REGULATIONS WHICH BECAME APPLICABLE FROM JULY 1967, THE COUNCIL ESTABLISHED FOR CERTAIN AGRICULTURAL PRODUCTS, IN PARTICULAR OILS AND FATS, PIGMEAT, EGGS, POULTRYMEAT AND RICE, A COMMON ORGANIZATION OF THE MARKET INVOLVING, INTER ALIA, THE FIXING BY THE COMMISSION OF REFUNDS ON EXPORTS TO THIRD COUNTRIES AT AN IDENTICAL AMOUNT THROUGHOUT THE COMMUNITY .
2 ON 21 DECEMBER 1967 THE COMMISSION ADOPTED REGULATION NO 1041/67/EEC ( OJ 1967, SPECIAL EDITION, P . 323 ) ON DETAILED RULES FOR THE APPLICATION OF THE SAID REFUNDS .
3 THIS SYSTEM WAS EXTENDED TO SUGAR BY A REGULATION OF 18 DECEMBER 1967 AND TO PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES, TO MILK AND MILK PRODUCTS AND TO BEEF AND VEAL BY OTHER REGULATIONS DATED 27 AND 28 JUNE 1968 .
4 ACCORDING TO THOSE REGULATIONS THE MEMBER STATE IN WHOSE TERRITORY THE CUSTOMS EXPORT FORMALITIES HAVE BEEN COMPLETED IS BOUND TO PAY THE REFUNDS TO EXPORTERS WHO COMPLY WITH THE CONDITIONS LAID DOWN FOR THE RECEIPT THEREOF AND WHO APPLY FOR THEM .
5 THE COMMISSION BY LETTER 12 JULY 1968 GAVE THE ITALIAN GOVERNMENT THE OPPORTUNITY TO SUBMIT ITS OBSERVATIONS AND THEN ON 4 NOVEMBER 1968 IT DELIVERED A REASONED OPINION FINDING THAT THE ITALIAN REPUBLIC HAD FAILED TO FULFIL AN OBLIGATION UNDER THE PROVISIONS OF THE ABOVE-MENTIONED REGULATIONS AND CALLING ON IT TO COMPLY WITH THE SAID OPINION WITH THE PERIOD PRESCRIBED THEREIN .
6 BY AN APPLICATION LODGED ON 21 JULY 1969 THE COMMISSION APPLIED TO THE COURT UNDER ARTICLE 169 OF THE TREATY FOR A DECLARATION THAT, BY ITS FAILURE PROMPTLY TO PAY TO EXPORTERS CONCERNED THE EXPORT REFUNDS FOR PRODUCTS COMING UNDER THE COMMON ORGANIZATIONS OF THE MARKET ESTABLISHED AFTER 1 JULY 1967, THE ITALIAN REPUBLIC HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE PROVISIONS OF THE COMMUNITY REGULATIONS ESTABLISHING THE COMMON ORGANIZATIONS OF THE AGRICULTURAL MARKETS AND OF THE RELEVANT IMPLEMENTING REGULATIONS REFERRED TO IN THE APPLICATION .
THE JURISDICTION OF THE COURT AND THE SUBJECT-MATTER OF THE DISPUTE
7 THE DEFENDANT HAS CLAIMED THAT IF THE ALLEGED FAILURE CONSISTS IN A MEMBER STATE' S FAILURE TO IMPLEMENT DIRECTLY APPLICABLE COMMUNITY LEGISLATION AND IS CONSEQUENTLY TO BE CLASSIFIED AS A PURE OMISSION THE