P . 304 , AND OJ L 359 OF 31 . 12 . 1974 , P . 1 ),
Grounds
1 BY ORDER OF 21 OCTOBER 1976 , RECEIVED AT THE COURT REGISTRY ON 28 OCTOBER 1976 , THE PRETURA DI RECCO REFERRED TO THE COURT FOUR QUESTIONS CONCERNING THE INTERPRETATION OF ARTICLE 13 ( 2 ) OF THE TREATY AND OF COUNCIL REGULATIONS NO 1009/67/EEC OF 18 DECEMBER 1967 AND NO 3330/74 OF 19 DECEMBER 1974 ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR ( OJ , ENGLISH SPECIAL EDITION 1967 , P . 304 , AND OJ L 359 OF 31 . 12 . 1974 , P . 1 ). THESE TWO QUESTIONS ARE SUBMITTED IN CONNEXION WITH PROCEEDINGS BETWEEN TWO ITALIAN UNDERTAKINGS .
2 INTERZUCCHERI , THE PLAINTIFF IN THE MAIN ACTION , SOLD 10 000 KILOGRAMMES OF SUGAR TO DITTA REZZANO E CAVASSA , THE DEFENDANT IN THE MAIN ACTION , AND THE LATTER REFUSED TO PAY THE PART OF THE PURCHASE PRICE REPRESENTING THE CHARGE CALLED THE SURCHARGE ( SOVRAPPREZZO ), PAID ON THE GOODS BY THE PLAINTIFF IN THE MAIN ACTION , ON THE GROUND THAT THIS TAX WAS INCOMPATIBLE WITH COMMUNITY PROVISIONS . INTERZUCCHERI THEREUPON APPLIED TO THE PRETORE FOR AN ORDER THAT THE DEFENDANT SHOULD PAY THE SUM IN QUESTION . ON 21 OCTOBER 1976 THE ASSOCIAZIONE NAZIONALE TRA GLI INDUSTRIALI DELLO ZUCCHERI , DEL LIEVITO E DELL ' ALCOOL ( ' ASSOZUCCHERO ' ) APPLIED TO INTERVENE IN THE CASE IN SUPPORT OF THE PLAINTIFF AND CLAIMED THAT THE OBJECTIONS RAISED BY THE DEFENDANT SHOULD BE DISMISSED .
3 BY THE ORDER CITED ABOVE THE NATIONAL COURT ALLOWED THE INTERVENTION , FOUND THAT THE QUESTION OF COMMUNITY LAW RAISED BY THE PARTIES WAS THE SAME AS THAT WHICH THE PRETORE DI ABBIATEGRASSO HAD REFERRED TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING IN CASE 77/76 , CUCCHI V AVEZ , AND DECIDED TO REFER TO THE COURT FOUR QUESTIONS DESIGNED TO ESTABLISH THE COMPATIBILITY OR OTHERWISE WITH COMMUNITY LAW OF THE CONTESTED SURCHARGE ( SOVRAPPREZZO ).
I - GENERAL OBSERVATIONS
4 IT IS CLEAR FROM THE ORDER REFERRING THE MATTER TO THE COURT THAT THE ANSWER TO THE QUESTIONS SUBMITTED IS TO ENABLE THE NATIONAL COURT TO DETERMINE THE COMPATIBILITY OR OTHERWISE WITH COMMUNITY LAW OF THE CHARGE CALLED THE SURCHARGE ( SOVRAPPREZZO ) INTRODUCED BY A MEASURE OF THE CIP , THE PROCEEDS OF WHICH ARE INTENDED TO FINANCE ADAPTATION AIDS TO THE ITALIAN BEET PRODUCERS AND SUGAR-PROCESSING INDUSTRY . IN ITS OBSERVATIONS , THE GOVERNMENT OF THE ITALIAN REPUBLIC CONTENDS THAT THE GRANT OF THESE AIDS WAS EXPRESSLY AUTHORIZED BY ARTICLE 38 OF REGULATION ( EEC ) NO 3330/74 FOR THE 1975/1976 TO 1979/1980 SUGAR-MARKETING YEARS . IT CONSIDERS THAT THIS AUTHORIZATION EMPOWERS IT TO FIND THE FUNDS NECESSARY FOR FINANCING BY MEANS WHICH APPEAR TO IT TO BE THE FAIREST AND MOST APPROPRIATE WITHIN THE LIMITS OF COMMUNITY LAW .
5 AUTHORIZATION UNDER ARTICLE 38 OF