Opinion of Mr Advocate General Lenz delivered on 27 October 1987

1 Translated from the German.

2 See the judgments of 21 May 1981 in Case 156/80 Morbelli v Commission [1981] ECR 1357; of 26 January 1984 in Case 189/82 Seiler and Others v Council [1984] ECR 229; and of 29 November 1984 in Case 265/83 Suss v Commission [1984] ECR 4029.

3 See the judgment of 8 October 1986 in Joined Cases 169/83 and 136/84 Brummelbuis and Leussink v Commission [1986] ECR 2801, at paragraph 12.

4 See paragraph 14 of the abovementioned judgment.

5 See the third and fourth indents of the sixth head of claim in the application.

6 Judgment of 9 March 1978 in Case 54/77 Herpels v Commission [1978] ECR 585.

7 See ihe judgment of 12 March 1975 in Case 31/71 Gigante v Commission [1975] ECR 343 and also the judgment of 9 July 1975 in Joined Cases 42 and 62/74 Vellozzi v Commission [1975] ECR 871.

8 See the judgment of 16 December 1976 in Case 124/75 Perinciolo v Council [1976] ECR 1965.

9 See the judgment of 23 April 1986 in Case 150/84 Bernardi v European Parliament [1986] ECR 1375.

10 See the judgments in Case 156/80 [1981] ECR 1359, at paragraph 20, and in Case 265/83 [1984] ECR 4029, at paragraph 11.

11 See the judgment in Case 189/82 [1984] ECR 229, at paragraph 15.

12 See the judgment of 2 May 1985 in Case 118/84 Commission v Royale Belge [1985] ECR 1889, at paragraph

13 Journal Officiel, 31.8.1962, L 80, p. 2188.

14 My emphasis.

15 Article 2 (1) of the Insurance Rules.

16 See Directive 80/836/Euratom, Officia! Journal 1980, L 246, p. 1.