Opinion of Mr Advocate General Mischo delivered on 11 December 1986

1 Translated from the French.

2 Council Regulation (EEC) No 355/77 of 15 February 1977 on common measures to improve the conditions under which agricultural products are processed and marketed (Official Journal 1977, L 51, p. 1).

3 Judgment of 30 January 1974 in Case 148/73 Louwage v Commission [1974] ECR 81; judgment of 1 December 1983 in Case 343/82 Michael y Commission [1983] ECR 4023 judgment of 9 October 1984 in Joined Cases 80 to 83/81 and 182 to 185/82 Adam v Commission [1984] ECR 3411 judgement of 13 december 1984 in Joined Cases 129 and' 274/82 Luxt Court of Auditors [1984] ECR 4127.

4 This article has been amended on several occasions. In particular, Council Regulation (EEC) No 1361/78 of 19 June 1978 (Official Journal 1978, L 166, p. 9) introduced Article 17a which raised the maximum aid granted by the EAGGF for projects implemented in the Mezzogiorno (Southern Italy) to 50% of the cost involved.

5 Official Journal, English Special Edition 1970 (I) p. 218.

6 Joined Cases 7/56 and 3 to 7/57 Altera v Common Assembly of the European Coal and Steel Community [1957] ECR 39 at p. 60

7 Joined Cases 1 and 14/57 Société da usina à tuba de ta Sarre v High Authority [1957] ECR 105 at p. 112.

8 Joined Cases 15 to 33, 52, 53, 57 to 109, 114, 117 123, 132 and 135 to 137/73 Schots-Kortner and Others v Council, Commission and Parliament [1974] ECR 193 at p. 197.

9 Schots-Kortner and Others v Council, Commission and Parliament [1974] ECR 177.

10 See, for example, the judgment of 11 December 1980 in Case 1252/79 Lucchini v Commiuion [1980] ECR 3753, paragraph 14 of the decision; the judgment of 14 January 1981 in Case 819/79 Federal Republic of Germany v Commission [1981] ECR 21, paragraph 20 of the decision; and the judgment of 16 May 1984 in Case 9/83 Eisen und Metall Aktiengesellschaft v Commission [1984] ECR 2071, paragraph 29 of the decision.

11 judgment of 7 July 1981 in Case 158/80 REWE v Hauptzollamt Kiel [1981] ECR 1805 at p. 1805, 1833, paragraph 25 of the decision.

12 Joined Cases 7/56 and 3 to 7/57 Algera v Common Assembly of the European Coal and Steel Community [1957] ECR 39 at p. 60

13 Joined Cases 42 and 49/59 SNUPAT v High Authority [1961] ECR 53.

14 Case 14/61 Hoogovens v High Authority [1962] ECR 253.

15 Judgment of 22 September 1983 in Case 159/82 Veri-Wallace v Commission [1983] ECR 2711, paragraph 8 of the decision.

16 See in that regard the judgment of 1 June 1961 in Case 15/60 Simon v Court of Justice [1961] ECR 115 at p. 123: even if in certain cases in view of vested rights withdrawal on grounds of unlawfulness does not have a retroactive effect it always takes effect from the present.

17 Judgment of 9 March 1978 in Case 54/77 Herpels v Commission [1978] ECR 585, paragraph 38 of the decision.

18 Judgment of 13 July 1965 in Case 111/63 Lemmerz Werke v High Authority [1965] ECR 677, in particular at p. 690.

19 Judgment of 22 March 1961 in Joined Cases 42 and 49/59 SNUPAT v High Authority [1961] ECR 53 at p. 87 Judgment of 21 September 1983 in Joined Cases 205 to 215/82 Deutsche Milchkontor y Federal Republic of Germany [1983] ECR 2633.

20 Judgment of 3 March 1982 in Case 14/81 Alpha Steel v Commission [1982] ECR 749, paragraph 10 of the decision.

21 Commission Regulation (EEC) No 1685/78 of II July 1978 laying down detailed rules for the implementation ot the decision by the Guidance Section of the EAGGF to grant aid for projects designed to improve the conditions under which agricultural products are processed and marketed (Official Journal 1978, L 197, p. 1).

22 See, in particular, the judgment of 15 July 1970 in Case 41/69 ACF Chemnfarma v Commission [1970] ECR 661, paragraph 52 of the decision.

23 See, in particular, the judgment of 23 October 1986 in Case 26/85 Vaysse v Commission [1986] ECR 3131, paragraph 16 of the decision.

24 Judgment of 6 October 1982 in Case 302/61 Eggen v Hauptzollaml Kassel [1982] ECR 3443.