The Gazette 1975

Common AgricuTurd Policy which vary from restrici-

ions on imports ffmuigh levies on imports, through

restrictions on exports, and conversely refunds paid on

exports through schemes

|x:ratcd by the various Nat-

ional Governmen's, with the assistance of the European

Agricultural Guidance and Guarantee Fund (Feoga).

Cases have arisen on almost all .of the measures

taken hv the Community.

M any of the schemes put into eilect by the Com-

munity in the Agricultural area have involved die

National

Government

in participating in

certain

measures and on a number of occasions the failure of

the National Government to take the necessary steps

has led to li igation before the European Court.

In the case of

Lconcsio v Italian Ministry of Agri-

c u l t u r e,

Case 93/71 (1973) C.M.L.R. 343, t h c - Com-

niunily had introduced by regulations a scheme where-

by farmers were to be encouraged to reduce the stock

of dairy cows by slaughtering. A premium was to be

paid to cattle owners who undertook to give up milk

production completely and to have all milch cows

slaughtered by a certain date. Signora Leoncsio was a

widow who farmed in the province of Brescia who

owned five dairy cows and applied to take advantage

of the scheme. Provisional authorisa'ion for slaughter

issued, the premium was agreed, the slaughter was

carried out, and the prescribed proof submitted to the

Provincial Agriculture Inspectorate. Half of the pre-

mium was to be financed from Community funds, the

other half to he paid by the Government of Italy, but

it turned out that the Italian Government had n il

arranged for the adoption of a statute to provide the

necessary funds, for paying such premiums. Signora

Lconcsio went to the District Court in Lonalo who,

faced with this, referred the matter to the European

Court for a ruling as to w hether once all the prescribed

formalities had been compiled with by a farmer, a

right 'o payment had been created which could not be

affected by the omission of the Government to arrange

for the passing of the ncccssary legislation. In due

course the European Court held that the right of pay-

ment could no', be subjected at the National level

to implementation provisions differing from those laid

down by the regulations and that Signora Lconesio's

payment was due once she complied with the regul-

ations.

Subsequently the Commision took

proceedings

against Italy

in Case No. 3 9 / 72 (1975) C.M.L.R. 439

and the Court not merely followed i's decision in the

Leoncsio

case, but also indicated that delay by a Mem-

ber State in in'roducing systems of premiums where

precise time limits had been provided for in the regul-

ations was in itself a default in the Go v e r nme n ts

obligations.

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