Opinion of Mrs Advocate General Rozès delivered on 20 September 1983

1 Translated from the French.

2 Statutory Instrument 1980 No 623.

3 Statutory Instrument 1980 No 2001, Article 2.

4 Case 83/78, Pigs Marketing Board (Northern Ireland) v Redmond [1978] ECR 2347.

5 Case 177/78, Pigi and Bacon Commission v McCarren [1979] ECR 2161.

6 Paragraphs 52 to 55, [1978] ECR at pp. 2370 and 2371.

7 In particular Articles 13 and 16 and 30 and 34 thereof.

8 Pigs and Bacon Commission v McCarren, cited above, paragraphs 9 to 11 of the Decision, at pp. 2186 and 2187.

9 Case 78/76 Steinike und Weinlig V Federal Republic of Germany [1977] ECR 595.

10 Paragraph 22; see also paragraph 21; both on p. 611.

11 [1979] ECR 2203 and 2204.

12 However, it is not apparent from the documents before the Court whether the latest increase of the charge, made in December 1980, was in fact notified to the Commission.

13 Opinion in Pigs and Bacon Commission, cited above, at p. 2204.

14 Opinion in Case 51/74 Van der Hulst, [1975] ECR at p. 105.

15 1981 Report, paragraph II (Outlook), p. 18.

16 Judgment of 24 November 1982 in Case 249/81, Commission v Irland (the Buy Irish campaign), paragraph 27 of the Decision, [1982] ECR 4005.

17 Same judgment, paragraph 15.

18 Annual report and accounts for the year ended on 31 March 1981, p. 17.

19 Articles 2 to 12.

20 Page 11.

21 Page 11.

22 Article 4 of the 1966 and 1980 Apple and Pear Development Council Orders.

23 See to that effect, in particular, the judcnicnt of 22. 3. 1977 in Case 74/76, lannelli [1977] ECR 557, paragraph 9 of the Decision; Opinion of Mr Advocate General Warner in Case 177/78, Pigs and Bacon Commiision v McCarren, [1979] ECR at pp. 2209 and 2210.

24 Judgment of 12. 7. 1973 in Case 2/73, Geddo [1973] ECR 865, paragraphs 5 and 6 of the Decision; judgment of 17. 5. 1983 in Case 132/82, Commission v Belgium, paragraph 8 of the Decision, [1983] ECR 1649, and in Case 133/82, Commission v Luxembourg, paragraph 9 of the Decision, [1983] ECR 1669.

25 Joined Cases 36 & 71/80, Irish Creamery Milk Suppliers Association and Others v Government of Ireland and Others; Martin Doyle and Others v An Taoiseach and Others [1981] ECR 735.

26 Same judgment, paragraph 24 of the Decision.

27 Judgment of 29. 11. 1978 in Case 83/78, Pigs Marketing Board v Redmond [1978] ECR 2347, paragraph 67 of the Decision.

28 Judgment in Geädo, cited above, paragraphs 2 to 4 of the Decision.

29 Judgment in Pigs and Bacon Commission, cited above, paragraph 24 of the Decision.

30 Same judgment, paragraph 25 of the Decision.

31 Judgment of 27. 3. 1980 in Case 61/79, Amministrazione delle Finanze dello Stato v Denkavit [1980] ECR 1205, paragraph 16 of the Decision; judgment of the same date in Joined Cases 66, 127 and 128/79, Salumi [1980] ECR 1237.

32 Judgment of 8. 4. 1976 in Case 43/75, Defrenne v Sabena (Defrenne II) [1976] ECR 455, paragraphs 69 to 75 of the Decision, in particular paragraphes 74 and 75; judgment of 10. 7. 1980, Third Chamber, in Case 811/79 Amministrazione delle Finanze dello Stato v Ariete, [1980] ECR 2545, paragraph 6 of the Decision.

33 Judgment cited above, paragraph 7 of the Decision.

34 Judgment of 10. 7. 1980, Ariete, cited above, operative part; to the same effect: Pigs and Bacon Commission v McCarren, cited above, paragraph 25 of the Decision and third paragraph of the operative part.

35 Ariete judgment cited above, paragraph 13 of the Decision.

36 Classical formula used since the judgment of 11. 7. 1974 in Case 8/74 Dassonville [1974] ECR 837, paragraph 5 of the Decision.