Opinion of Mrs Advocate General Rozès delivered on 15 December 1983

1 Translated from the French.

2 Judgment of 10 December 1969, Case 32/68, Grasselli v Commission, paragraph 4, [1969] ECR 505, at p. 511.

3 Judgment of 24 June 1969, Case 26/68, Fux ν Commission, paragraph 4, [1969] ECR 145 at p. 153.

4 Judgment of 8 February 1973, Case 56/72 Goeth ν Commission, paragraphs 9 and 10, [1973] ECR 181 at p. 187.

5 Judgment of 20 November 1980, Case 806/79 Gerin ν Commission paragraph 5, [1980] ECR 3515, at p. 3524; Opinion of Mr Advocate General Roemer in Case 32/68, mentioned above, [1969] ECR 513.

6 Judgment of 29 October 1981, Case 125/80 Arning v Commission, paragraph 8, [1981] ECR 2539.

7 Judgment of 9 December 1982, Case 191/81 Plug v Commission, paragraph 13, [1982] ECR 4229, at p. 4245.

8 Judgment of 30 October 1974, Case 188/73 Grassi ν Council, paragraph 43, [1974] ECR 1099, at p. 1112.

9 Jugdment of 24 June 1969, Case 26/68 Fux ν Commission especially paragraph 11, [1969] ECR 145; also Grassi ν Council, mentioned above.

10 Opinion of Mr Advocate General Warner in the Grassi case mentioned above, at pp. 1117 and 1118.

11 Anting case, mentioned above, paragraph 8.

12 See the case-law quoted in my Opinion in Case 125/80, mentioned above, at p. 2560.

13 Judgment of 28 February 1980, Case 89/79 Bonu ν Council [1980] ECR 553, especially the Opinion of Mr Advocate General Reischl, at p. 566.

14 From the above-mentioned case-law, sec my Opinion in the judgment of 14 July 1983, Case 176/82 Nebe ν Commission [1983] ECR 2475, together with the synthesis of those principles in the judgment of 1 December 1983, Case 18/83 Morina ν European Parliament, paragraph 11, [1983] ECR 4051.

15 See Nebe judgment, mentioned above, and Morina judgment, paragraphs 11 and 12.

16 Judgment of 5 December 1963, Joined Cases 35/62 and 16/63 Leroy ν High Authority [1963] ECR 197, at p. 212.