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 0 |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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