DOMINANT POSITION .
8 THE SIXTH QUESTION IS SUBJECT TO QUESTIONS ONE AND TWO BEING ANSWERED IN THE NEGATIVE AND QUESTIONS THREE , FOUR AND FIVE IN THE AFFIRMATIVE AND IT ASKS WHETHER THE INTERVENTION AGENCY IS OBLIGED TO COMPENSATE FOR DAMAGE RESULTING FROM ITS CONDUCT .
9 FINALLY , THE SEVENTH QUESTION CONCERNS THE FORCE OF THE INTERPRETATION GIVEN BY THE COURT OF JUSTICE .
10 IN THE ABSENCE OF ACCURATE INFORMATION RELATING TO THE NATURE OF THE ALLEGED ACTIVITIES OF THE AIMA AND THE WAY IN WHICH THEY WERE CARRIED OUT , IT MUST BE STATED THAT , HAVING TO LIMIT ITSELF IN THE EXERCISE OF THE POWERS CONFERRED BY ARTICLE 177 TO GIVING AN INTERPRETATION OF THE PROVISIONS OF COMMUNITY LAW , THE COURT CANNOT ITSELF ASSESS OR CLASSIFY THOSE ACTIVITIES OR THE PROVISIONS OF NATIONAL LAW RELATING THERETO .
11 MOREOVER , ALTHOUGH THE ADDITIONAL INFORMATION WHICH THE COURT REQUESTED FROM THE ITALIAN GOVERNMENT , THE AIMA AND THE COMMISSION IN ORDER THE BETTER TO UNDERSTAND THE TERMS OF THE QUESTIONS REFERRED TO IT DOES NOT REMOVE ALL DOUBT AS TO THE COMPATIBILITY WITH COMMUNITY LAW OF THE AIMA ' S CONDUCT , NONE THE LESS THAT INFORMATION DOES NOT CONFIRM IN CERTAIN ESSENTIALS THE PRESENTATION OF THAT CONDUCT WHICH , AS APPEARS FROM THE DOCUMENTS ON THE CASE , WAS ADOPTED BY THE NATIONAL COURT FROM THE ALLEGATIONS OF PARTIES TO THE MAIN ACTION .
12 FINALLY , IN VIEW OF THE FACT THAT IT IS NOT FOR THE COURT TO ASSESS THE RELEVANCE OF THE QUESTIONS REFERRED UNDER ARTICLE 177 TO THE REACHING OF A DECISION IN THE MAIN ACTION , IT IS ALL THE MORE NECESSARY TO ADHERE TO THE RESERVATION REFERRED TO ABOVE AS THOSE QUESTIONS CONCERN THE CONDUCT OF A NATURAL OR LEGAL PERSON WHO WAS NOT YET A PARTY TO THE ACTION AND WHO WAS NOT GIVEN AN OPPORTUNITY TO STATE HIS CASE .
THE FIRST AND SECOND QUESTIONS
13 UNDER THESE CIRCUMSTANCES , THE FIRST AND SECOND QUESTIONS SHOULD BE ANSWERED BY RECALLING AN EARLIER DECISION OF THE COURT . IN THE JUDGMENT OF 22 JANUARY 1976 , GIVEN IN CASE 60/75 RUSSO V AIMA ( 1976 ) ECR 45 , IT WAS HELD THAT ' THE PROVISIONS OF REGULATION NO 120/67 OF 13 JUNE 1967 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS MUST BE INTERPRETED TO MEAN THAT :
( A ) THE ACTION OF A MEMBER STATE IN PURCHASING DURUM WHEAT ON THE WORLD MARKET AND SUBSEQUENTLY RESELLING IT ON THE COMMUNITY MARKET AT A PRICE LOWER THAN THE TARGET PRICE IS INCOMPATIBLE WITH THE COMMON ORGANIZATION OF THE MARKETS ;
( B ) UNDER COMMUNITY RULES AN INDIVIDUAL PRODUCER MAY CLAIM THAT HE SHOULD NOT BE PREVENTED FROM OBTAINING A PRICE APPROXIMATING TO THE TARGET PRICE AND IN ANY EVENT NOT LOWER THAN THE INTERVENTION PRICE ;
( C ) IF AN INDIVIDUAL PRODUCER HAS SUFFERED DAMAGE AS A RESULT OF THE INTERVENTION OF