Opinion of Mr Advocate General VerLoren van Themaat delivered on 5 October 1983

1 Translated from the Dutch.

2 In pp. 97 to 110 and 300 to 305 of his study which appeared in 1982 entitled Aufbaujahrc der Europäischen Gemeinschaft and which is well worth reading, the former Member of the Commission, Mr von der Grocben, sets out in detail how the ideas of the Commission, conforming to the Treaty in the sense mentioned, arc undermined in political practice. From the information which he provides, it is also clear that the Commission was aware at the outset that the use of intervention prices in order to achieve objectives of incomes policy might well endanger the prescribed objective of the stabilization of the market and might lead to over-production. The reference made by the Commission during the oral procedure to Article 41 of the Treaty in order to justify a different, interpretation of Article 39 must for that very reason fail, because that article relates precisely to measures of structural policy. It is equally impossible to base an argument in favour of a different interpretation on Article 40 (2) and (3), because it is clear from the reference to Article 39 in that article itself that it docs not amend Article 39.