THE PROCURATORE DELLA REPUBBLICA , VERONA , WHO CONSIDERED THAT THE EXPORTATION OF THE GOODS CONSTITUTED THE OFFENCE OF SMUGGLING . AFTER THE TRIBUNALE DI VERONA ( DISTRICT COURT , VERONA ) HAD REVOKED THE SEIZURE , THE PROCURATORE DELLA REPUBBLICA APPEALED TO THE CORTE SUPREMA DI CASSAZIONE AND ORDERED THE GOODS TO BE SEIZED ONCE MORE ON THE GROUND OF AGGRAVATED FRAUD TO THE DETRIMENT OF THE ITALIAN STATE AND THE EEC ( ARTICLE 640 ( 1 ) OF THE ITALIAN CRIMINAL CODE ). AFTER THE SECOND SEIZURE HAD BEEN CONFIRMED BY THE TRIBUNALE DI VERONA THE ACCUSED LIKEWISE APPEALED TO THE CORTE SUPREMA DI CASSAZIONE .
5 THE CORTE SUPREMA DI CASSAZIONE STATES THAT , IN ORDER FOR IT TO GIVE JUDGMENT , IT IS NECESSARY TO DETERMINE THE INTERPRETATION TO BE GIVEN TO REGULATION NO 3225/82 IN SO FAR AS IT PROVIDES THAT THE FAIR ALLOCATION OF THE QUOTA BETWEEN THE MEMBER STATES IS TO BE PROPORTIONATE TO THEIR REQUIREMENTS AND THE CHOICE OF A MANAGEMENT SYSTEM FOR THE QUOTA SHARE OF A MEMBER STATE IS LEFT TO EACH STATE , SO THAT IT MAY ENSURE AN ALLOCATION WHICH IS APPROPRIATE FROM AN ECONOMIC VIEWPOINT ( FOURTH RECITAL IN THE PREAMBLE TO THE REGULATION ). ACCORDING TO THE CORTE SUPREMA DI CASSAZIONE , IT IS NECESSARY TO DETERMINE IN THE FIRST PLACE WHAT IS MEANT BY THE STATEMENT THAT THE QUOTA SHOULD BE ALLOCATED BY REFERENCE TO THE REQUIREMENTS OF EACH STATE AND , IN PARTICULAR , WHETHER THAT CONSTITUTES A REFERENCE TO THE USE OF THE MEAT IN SATISFACTION OF THE REQUIREMENTS OF DOMESTIC CONSUMPTION OR WHETHER IT REFERS TO ALL ECONOMIC USES OF THE PRODUCT OF WHATEVER TYPE . SECONDLY , THE CORTE SUPREMA DI CASSAZIONE CONSIDERS THAT , IN THE ABSENCE OF ANY EXPRESS PROVISION PROHIBITING THE RE-EXPORTATION OF THE IMPORTED GOODS , IT IS NECESSARY TO ESTABLISH WHETHER SUCH A PROHIBITION MAY BE INFERRED FROM THE SYSTEM OF EQUITABLE ALLOCATION OF THE QUOTA BETWEEN THE MEMBER STATES .
6 FOR THOSE REASONS THE CORTE SUPREMA DI CASSAZIONE CONSIDERED IT NECESSARY TO REFER THE FOLLOWING QUESTION TO THE COURT FOR A PRELIMINARY RULING :
' IN SO FAR AS REGULATION ( EEC ) NO 3225/82 PROVIDED FOR THE ALLOCATION OF THE TARIFF QUOTA AMONG THE MEMBER STATES ACCORDING TO THEIR REQUIREMENTS DETERMINED ON THE BASIS OF THE CRITERIA LAID DOWN THEREIN , WAS IT INTENDED TO REFER TO THE USE OF THE MEAT IMPORTED FROM A NON-MEMBER COUNTRY FOR CONSUMPTION AND TRADE ONLY WITHIN THE IMPORTING COUNTRY , WITHOUT ANY POSSIBILITY OF RE-EXPORTATION OF THE MEAT TO ANOTHER COUNTRY IN THE COMMUNITY?
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7 IN ESSENCE THE QUESTION SEEKS TO ASCERTAIN WHETHER REGULATION NO 3225/82 , GIVEN THE FACT THAT IT SOUGHT TO ENSURE THAT THE COMMUNITY TARIFF QUOTA WAS ALLOCATED IN PROPORTION TO THE REQUIREMENTS OF EACH MEMBER STATE AND LEFT TO EACH MEMBER STATE THE CHOICE OF A MANAGEMENT SYSTEM FOR ITS QUOTA SHARE , SO THAT IT MIGHT ENSURE AN ALLOCATION