Opinion of Mr Advocate General Mischo delivered on 7 October 1986

1 Translated from the French.

2 Case 190/73 Officier van Justitie v J. W. J. van Haaster [1974] ECR 1129, at 1143.

3 See the judgment of the Court of 29 November 1978 in Case 83/78, Pigs Marketing Board v Redmond [1978] ECR 2347, at paragraphs 52 to 55.

4 Sec judgment of 11 July 1985 in the Videocassettes Case, in Joined Cases 60 and 61/84 Cinélbèque SA and Others [1985] ECR 2605 at paragraph 21.

5 See for example Case 8/74 Procureur du Koi v Dassonvìlle [1974] ECR 837, or Case 35/76 Simmtnthal v Italian Minister for Finance [1976] ECR 1871 at paragraphs 11 and 12.

6 It should be added moreover, that the importation of wheat intended for re-export in the form of flour is not covered by the legislation in question.

7 13% of the value of the finished product according to the Commission, 16% according to the defendants in the main proceedings.

8 Sec the judgment in Case 155/80 Oeie/[1981] ECR 1993, at paragraph 12.

9 Sec the observations of the Commission at p. 8, paragraph 1. The Commission arrives at this conclusion on the basis of the judgment of the Court of 7 February 1984 in Case 237/83 jongeneel Kaas v State of the Netherlands [1984] ECR 483, at paragraph 13: In the absence of any rule of Community law on the quality of cheese products the Court considers that the Member States retain the power to apply rules of that kind to cheese producers established within their territory That power extends not only to rules considered necessary for the protection of the consumer or public health but also to rules which a Member State may wish to enact for the purpose of promoting the quality of domestic production. Such rules cannot however discriminate against imported products or hinder the importation of products from other Member States.

10 In 1984 there remained 238 mills with a milling quota of less than 500 tonnes and 491 mills with a quota of less than 1000 tonnes, out of a total of i 267 mills.

11 See the judgment of 10 January 1985 in Case 229/83 Centre Lederci Au Blé Vert [1985] ECR 1 ; of 13 February 1969 in Case 14/68 Wilhelm v Bundeskartellamt [1969] ECR 1; and of 16 November 1977 in Case 13/77 ÍNNOv ATAB [1977] ECR 2115.

12 Judgment of 13 July 1966 in Joined Cases 56 and 58/64 Consten and Gnmdig vCommission [1966] ECR 299.