Opinion of Mr Advocate General Darmon delivered on 16 December 1986

1 Translated from the French.

2 First Resolution of 20 October 1971 of the Representatives of the Governments of the Member States, meeting within the Council, on general systems of regional aid (Official Journal, English Special Edition (II), No IX, p. 57) following a Communication of 23 June 1971 from the Commission to the Council in relation to such systems (Journal Officiel, C 111 of 4.11.1971, p. 7).

3 Judgment of 22 March 1977 in Case 78/76 Slehilte and Weinlig v Federal Republic of Germany [1977] ECR 595, paragraph 8 at p. 609.

4 Judgment of 14 November 1984 in Case 323/82 Intennilli v Commission [1984] ECR 3809.

5 Judgment of 13 March 1985 in Joined Cases 296 and 318/82 Kingdom of the Netherlands and Leeuwarder Papierwarenfabriek v Commission [1985] ECR 809, paragraph 19.

6 See footnote 1 above and, for the Communication of 21 December 1978, Official Journal, C 31 of 3.2.1979.

7 Point 8 of Annex A to the aforementioned First Resolution of 20 October 1971; sec also point 10 of the 1978 Commission Communication.

8 Judgment of 17 September 1980 in Case 730/79 Philip Morris v Commission [1980] ECR 2671, at p. 2688, paragraph 11.

9 Case 84/82 Federal Republic of Germany v Commission [1984] ECR Holmat p. 1488, in particular paragraphs 11 to 13.

10 Resolution of the Bundestag of the Federal Republic of Germany of 11 March 1982, referred to in the reply.

11 Resolution of the German Planning Committee for Regional Economic Structures of 16 March 1983, cited in its reply by the applicant (p. 7).

12 Judgment of 9 June 1982 in Case 95/81 Commission v Italian Republic [1982] ECR 2187, at paragraph 16.

13 Case 730/79 Philip Morris v Commission [1980] ECR 2671, at p. 2702.

14 Judgment of 10 July 1986 in Case 40/85 Kingdom of Belgium v Commission [1986] ECR 2263, at p. 2321, paragraph 21.

15 Annex to the letter dated 6 November 1981 from the Commission to the government of the Federal Republic of Germany.