CONDITIONS LAID DOWN BY ARTICLE 12 ( 1 ) OF LAW NO 153 OF 9 MAY 1975 IMPLEMENTING THE DIRECTIVES OF THE COUNCIL OF THE EUROPEAN COMMUNITIES ON THE REFORM OF AGRICULTURE ( GAZZETTA UFFICIALE 1975 , P . 3298 ).
9THE PRESUMED EFFECT OF THE REFERENCE IN THE CIRCULAR TO THAT LEGISLATIVE PROVISION IS TO RESERVE THE BENEFIT OF THE IMPORT QUOTA IN QUESTION TO INDIVIDUAL FARMERS WHO PERSONALLY DEVOTE MOST OF THEIR TIME TO FARMING , A CONDITION WHICH AZIENDA CANNOT FULFIL BECAUSE ITS LEGAL FORM IS THAT OF AN AGRICULTURAL COMPANY .
10THE PLAINTIFF SHARES THE VIEW OF THE DEFENDANT COMPANY THAT A CIRCULAR OF THE MINISTRY FOR FOREIGN TRADE COULD NOT VALIDLY RESTRICT IN THIS WAY THE CATEGORY OF FARMERS WHO MAY BE ENTITLED TO THE ADVANTAGE PROVIDED FOR BY REGULATION NO 2902/77 .
11HE INFERS FROM THIS THAT AZIENDA ' S OBLIGATION TOWARDS HIM UNDER THE CONTRACT REMAINS INTACT .
12IN THE CONTEXT OF THIS DISPUTE THE PRETURA IS OF THE OPINION THAT THE DETERMINATION OF THE ISSUE BEFORE IT DEPENDS UPON THE INTERPRETATION OF CERTAIN PROVISIONS OF COMMUNITY LAW .
13IN ITS VIEW THE ACTUAL QUESTION TO BE DETERMINED IS WHETHER THE RESTRICTION OF THE BENEFITS GRANTED TO ALL FARMERS BY REGULATION NO 2902/77 SOLELY TO PERSONS ' ' PRACTISING FARMING AS THEIR MAIN OCCUPATION ' ' WITHIN THE MEANING OF ARTICLE 2 ( 1 ) OF LAW NO 153 OF 9 MAY 1975 MAY NOT BE CONTRARY TO THE SPIRIT AND THE LETTER OF THE COMMUNITY PROVISIONS RELATING TO THE SPECIAL IMPORT ARRANGEMENTS IN QUESTION .
14IT IS IN ORDER TO DISPEL THIS DOUBT THAT THE PRETURA HAS REFERRED TO THE COURT THE TWO QUESTIONS WORDED AS FOLLOWS :
( 1 ) WHETHER THE NATIONAL AUTHORITIES , WITHIN THE FRAMEWORK OF THE SPECIAL ARRANGEMENTS FOR THE IMPORTATION OF YOUNG MALE BOVINE ANIMALS FOR FATTENING LAID DOWN IN ARTICLE 13 OF REGULATION ( EEC ) NO 805/68 , WHICH ARRANGEMENTS WERE LAST AMENDED BY REGULATIONS ( EEC ) NOS 585/77 AND 2902/77 , MAY EXTEND AND SUPPLEMENT AT THEIR DISCRETION THE CONDITIONS FOR ADMISSION TO THE BENEFIT THEREOF , IN PARTICULAR BY RESTRICTING THE ISSUE OF IMPORT LICENCES TO CERTAIN CATEGORIES OF PERSONS UNILATERALLY DISTINGUISHED FROM THE GENERALITY OF AGRICULTURAL PRODUCERS ; OR WHETHER ON THE OTHER HAND THE ABOVE-MENTIONED COMMUNITY PROVISIONS CONFER UPON ALL PROPRIETORS , WHETHER NATURAL OR LEGAL PERSONS , OF AGRICULTURAL UNDERTAKINGS , IN PARTICULAR PERSONS WHO ARE ENGAGED IN STOCK-FARMING , THE RIGHT TO APPLY IN ALL CASES FOR AN IMPORT LICENCE WHICH THE NATIONAL AUTHORITIES OF THE MEMBER STATE HAVE NO DISCRETIONARY POWER TO REFUSE .
( 2 ) ON THE ASSUMPTION THAT THE MEMBER STATES MAY IMPOSE FURTHER AND MORE RESTRICTIVE CONDITIONS UPON ADMISSION TO THE CATEGORY OF AGRICULTURAL PRODUCER , WHETHER THE NATIONAL AUTHORITIES MAY DETERMINE THE PERSONS ENTITLED TO BENEFIT ACCORDING TO THE CRITERIA ON WHICH THEY RELY IN IMPLEMENTING THE COMMUNITY DIRECTIVES ON THE MODERNIZATION OF AGRICULTURAL STRUCTURES ( DIRECTIVES NOS 72/159 , 160