RESPECT OF PAYMENTS OF AGRICULTURAL LEVIES MADE PRIOR TO 1 JULY 1980 AT A RATE LOWER THAN THE AMOUNT LEGALLY DUE , IN RELATION TO WHICH EVEN BEFORE THAT DATE STEPS HAD BEEN TAKEN FOR RECOVERY THE LAWFULNESS OF WHICH IS BEING CHALLENGED , IN OTHER RESPECTS , BEFORE A NATIONAL COURT?
2.IF THE ANSWER TO QUESTION 1 IS IN THE AFFIRMATIVE , WHAT MEANING MUST BE ATTACHED TO THE WORDS ' TAKE ACTION TO RECOVER ' IN THE FIRST SUBPARAGRAPH OF ARTICLE 2 ( 1 ) WITH REGARD TO LEVIES NOT COLLECTED IN FULL IF THE PROVISIONS OF THE SUCCEEDING SUBPARAGRAPH ARE TO BE UNDERSTOOD AS RENDERING UNLAWFUL AN ACTION FOR RECOVERY COMMENCED BEFORE 1 JULY 1980 BUT AFTER THE EXPIRY OF A PERIOD OF THREE YEARS STARTING FROM THE DATE OF THE ADMINISTRATIVE MEASURE DETERMINING THE AMOUNT OF THE LEVY ORGINALLY CLAIMED FROM THE PERSON IN QUESTION?
3.IF THE ANSWER TO QUESTION 1 IS IN THE AFFIRMATIVE , DO THE PROVISIONS OF ARTICLE 5 ( 1 ) EXTEND TO THE PAYMENT OF AGRICULTURAL LEVIES AT A RATE LOWER THAN THE AMOUNT LEGALLY DUE , WHERE SUCH PAYMENT WAS MADE , ON THE ONE HAND , ON THE BASIS OF NATIONAL PROVISIONS SUBSEQUENTLY HELD NOT TO APPLY TO THIS MATTER BUT WHICH AT THE TIME IN QUESTION WERE CONSISTENTLY APPLIED BY THE NATIONAL ADMINISTRATIVE AUTHORITIES IN ACCORDANCE WITH THE CRITERIA LAID DOWN IN MINISTERIAL CIRCULARS AND INSTRUCTIONS AND , ON THE OTHER HAND , IN COMPLIANCE WITH THE INTERPRETATION OF THE COMMUNITY PROVISIONS FOLLOWED BY THE ADMINISTRATIVE ORGANS OF THE COMMUNITY AND BY THE NATIONAL COURTS BUT SUBSEQUENTLY DISREGARDED BY THE COURT OF JUSTICE?
4.IF THE REPLY TO QUESTION 1 IS IN THE NEGATIVE , DOES THE PROVISION CONTAINED IN ARTICLE 7 OF THE ABOVE-MENTIONED REGULATION EXTEND TO PAYMENTS REQUIRED SUBSEQUENT TO ITS ENTRY INTO FORCE , IN CONNECTION WITH RECOVERIES IN RESPECT OF PAYMENTS MADE AT A RATE LOWER THAN THE AMOUNT LEGALLY DUE , IN THE CIRCUMSTANCES DESCRIBED AT 3 , ABOVE , PRIOR TO 1 JULY 1980?
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4 THE FIRST AND FOURTH QUESTIONS ARE , IN SUBSTANCE , IDENTICAL TO THOSE REFERRED TO THE COURT BY THE CORTE SUPREMA DI CASSAZIONE ( SUPREME COURT OF CASSATION ) IN 1980 , WHICH ARE THE SUBJECT OF THE COURT ' S JUDGMENT OF 12 NOVEMBER 1981 ( JOINED CASES 212 AND 217/80 , AMMINISTRAZIONE DELLE FINANZE DELLO STATO V SALUMI AND OTHERS ( 1981 ) ECR 2735 ).
5 IN THAT JUDGMENT , THE COURT CAME TO THE CONCLUSION THAT REGULATION NO 1697/79 RELATES ONLY TO IMPORTS AND EXPORTS IN RESPECT OF WHICH PAYMENTS OF DUTIES WERE MADE ON OR AFTER 1 JULY 1980 .
6 THE ANSWER TO THE FIRST AND FOURTH QUESTIONS MUST THEREFORE BE THAT COUNCIL REGULATION NO 1697/79 OF 24 JULY 1979 DOES NOT APPLY TO PAYMENTS OF IMPORT OR EXPORT DUTIES MADE BEFORE 1 JULY 1980 .
7 THEREFORE THE SECOND AND THIRD QUESTIONS , WHICH WERE PUT ONLY IN THE