Opinion of Mr Advocate General VerLoren van Themaat delivered on 11 July 1984

1 Translated from the Dutch.

2 The fourth edition of Droit Commercial Europeen by Goldman and Lyon-Caen (Paris, 1983, pp. 1057 and 1058) and the long commentaries on the EEC Treaty by Smit & Herzog (part 3, p. 392) and by von der Groeben-Boeckh-Thiesing-Ehlermann (third edition, p. 1590) examine the problem only very briefly. The recent third edition of Disciplina della concorrenza nella CEE, by Frignani and Waelbroeck, does not deal with the question at all. J. A. Winter, in Nationale steunmaatregelen en het gemeenschapsrecht is the only author to consider the question somewhat more fully (in paragraphs 76, 77, 89, 181 et seq., 208, 397, 413 and 485 of his important work) but does so particularly in connection with Article 90 of the Treaty, which is not relevant in this case.

3 Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, as amended by virtue of the Third and Fifth Protocols, which entered into force on 21 September 1970 and 20 December 1971 respectiveley.

4 In that connection I also refer to the detailed report prepared by P. van Dijk in 1983 for the Netherlands Lawyers Association, especially pp. 71 to 80, which refers to further writings and to the judgments of the Court of Human Rights. As appears from his analysis, the Court of Human Rights considers that the decisive question is whether a procedure leads to determination of a civil right or a civil obligation of one or both of the parties. In the assessment of measures adopted by public authorities a partial review by an administrative court is regarded as sufficient to meet the requirements of Article 6 (op. cit., pp. 79 and 80).

5 The third submission expressly refers to the repayment by the applicant of the Walloon Regional Executive's holding of BFR 1500 million in its capital. In the fourth submission the challenging of the facts stated in the decision is connected with the rest of the argument.

6 As regards that concept, see the Commission's pleadings and the summary of them in the Report for the Hearing, together with the 14th to 16th recitals in the preamble to the decision itself and the Tenth Report on Competition Policy, paragraph 213 (pp. 147 and 148).

7 For a good summary of the Commission's policy on crisis aid in those years, I refer to J. A. Winter, National aids and Community law, pp. 372-378.