INDICATED IN THE CONTRACT HAS BEEN DISTILLED .
23 FURTHERMORE , ALTHOUGH IT IS TRUE THAT CONTRACTS FOR THE DELIVERY OF TABLE WINE FOR DISTILLATION ARE DESCRIBED AS REVOCABLE IN ARTICLE 1 OF REGULATION NO 567/76 , CONDITIONS RELATING TO THE TIME WITHIN WHICH THE RIGHT TO REVOKE MUST BE EXERCISED AND WITH REGARD TO THE SUBSTANCE OF THAT RIGHT WERE LAID DOWN IN ARTICLES 1 AND 4 OF REGULATION NO 567/76 AND BY ARTICLE 4 OF COMMISSION REGULATION NO 588/76 OF 15 MARCH 1976 ON DETAILED RULES FOR THE DISTILLATION OF TABLE WINES ( OFFICIAL JOURNAL L 69 , P . 48 ). THOSE PROVISIONS ONLY PERMIT THE EXERCISE OF THE RIGHT TO REVOKE SUCH A DISTILLATION CONTRACT WITHIN THE PERIOD LAID DOWN WHERE THE SITUATION ON THE MARKET ENABLES THE PRODUCER TO OBTAIN A BETTER PRICE FOR THE WINE . THOSE PROVISIONS THEREFORE NEITHER HAVE THE OBJECT NOR THE EFFECT OF SETTING ASIDE THE REQUIREMENT LAID DOWN IN ARTICLE 6 ( 3 ) OF REGULATION NO 567/76 THAT THE PAYMENT OF THE BALANCE OF THE AID IS SUBJECT TO PROOF THAT THE CONTRACT HAS BEEN ENTIRELY PERFORMED . IN THAT RESPECT THEREFORE THE ITALIAN GOVERNMENT ' S ARGUMENTS MUST BE REJECTED .
24 HOWEVER , AS THE ITALIAN GOVERNMENT MAINTAINED AND AS WAS ACCEPTED BY THE COMMISSION ITSELF , THE EXPENDITURE INCURRED IN RESPECT OF CONTRACTS THE FULL PERFORMANCE OF WHICH CAN BE PROVED BY THE INTERVENTION AGENCY IN COMPLIANCE WITH THE REQUIREMENTS OF ARTICLE 6 ( 3 ) OF REGULATION NO 567/76 , SHOULD BE CHARGED TO THE FUND . THE COMMISSION HAS , MOREOVER , STATED THAT IT IS WILLING TO CARRY OUT WITH THE ITALIAN AUTHORITIES A CHECK OF THE ACCOUNTS RELATING TO THE VARIOUS OPERATIONS AFTER THE DELIVERY OF THIS JUDGMENT .
25 IT IS THEREFORE NECESSARY FOR THE COURT TO DECLARE THAT ONLY THE EXPENDITURE WHICH HAS BEEN INCURRED PROPERLY UNDER ARTICLE 6 ( 3 ) OF REGULATION NO 567/76 SHOULD BE CHARGED TO THE FUND . IT FOLLOWS THAT THE PARTIES MUST EXAMINE THE ACCOUNTS TOGETHER IN ORDER TO DETERMINE WHICH SUMS SHOULD ACTUALLY BE CHARGED TO THE FUND ON THAT BASIS .
THE SUBSIDIARY GROUND THAT , CONTRARY TO ARTICLE 2 ( 3 ) AND ( 5 ) OF REGULATION NO 567/76 , THE ITALIAN INTERVENTION AGENCY PAID THE AID IN A SINGLE SUM AND NOT IN TWO INSTALMENTS
26 AS HAS ALREADY BEEN STATED , UNDER ARTICLES 2 ( 3 ) AND ( 5 ) AND 6 ( 3 ) OF REGULATION NO 567/76 THE INTERVENTION AGENCY IS TO PAY THE AID TO PRODUCERS IN TWO INSTALMENTS , NAMELY AN ADVANCE WITHIN 15 DAYS OF APPROVAL OF THE CONTRACT AND THE BALANCE WHEN PROOF HAS BEEN FURNISHED THAT THE FULL AMOUNT OF THE WINE INDICATED IN THE CONTRACT HAS BEEN DISTILLED . THE REASON FOR THOSE PROVISIONS , AS IS CLEAR FROM THE SEVENTH RECITAL IN THE PREAMBLE TO REGULATION NO 567/76 , IS THE NEED TO PROVIDE FOR A