Opinion of Mr Advocate General Mischo delivered on 15 May 1986

1 Translated from the French.

2 Commission v Belgium [1981] ECR 2393.

3 Judgments of 13 October 1977 in Case 106/76 Deboeck v Commission [1977] ECR 1623 and in Case 14/77 Emer v Commission [1977] ECR 1683.

4 Judgment of 11 October 1979 in Case 142/78 Exner v Commission [1979] ECR 3125.

5 See the Facts and Issues part of the Deboeck judgment, at p. 1629.

6 The obligations imposed by that article also apply in relation to the Staff Regulations and the Conditions of Employment, which were adopted pursuant to Article 24 of the Treaty of 8 April 1965 establishing a single Council and a single Commission of the European Communities.

7 According to Article 239 of the EEC Treaty, the Protocol forms an integral part of the Treaty.

8 Judgment of 15 December 1982 in Case 211/81 Commission v Denmark [1982] ECR 4547. See also the judgment of 7 February 1984 in Case 166/82 Commission v Italy [1984] ECR 459.