Court of Justice 26 April 1983, 78/82 (Commission of the European Communities v Italian Republic.)

OPINION OF MRS ADVOCATE GENERAL ROZÈS DELIVERED ON 26 APRIL 1983 ( 1 ) Mr President, Members of the Court, This Court has before it an action brought by the Commission under Article 169 of the EEC Treaty for a declaration that by maintaining a system of fixed margins in the marketing of manufactured tobacco the Italian Republic has failed to fulfil its obligations under Article 37 of that Treaty.