Opinion of Mr Advocate General Darmon

Mr President,

Members of the Court,

1. The action brought before the Court under Article 169 of the EEC Treaty by the Commission for a declaration that Ireland has failed to fulfil its obligations under the Treaty concerns the Community rules applicable to the circulation of new potatoes imported into the Community from Cyprus.

2. Although it is clear from the context outlined above that the Order was promulgated for the purpose of alleviating the harmful affects on the Irish market of imports of potatoes originating in Cyprus, it is however above all from the point of view of the principles of Community law that the case must be considered.

3. Since this case concerns the application of a principle, I could end my observations on that subject at this point. None the less, I prefer not to leave without an answer to Ireland's argument to the effect that it was entitled to promulgate the Order in so far as the Republic of Cyprus had not respected the undertaking it gave to the Commission by letter of 18 March 1981, in which it stated that

4. It now remains to consider the submission that the Order was justified on grounds of public policy.

5. Consequently, I would conclude that the Court should:

1 Translated from the French.