Opinion of Mr Advocate General Mischo delivered on 25 June 1986

1 Translated from the French.

2 It should be noted that that article has been amended by Commission Regulation No 1011/84 of 10 April 1984 (OJ 1984, L 101, p. 17) which did not enter into force until 16 April 1984 and therefore docs not apply to this case).

3 Judgment of 17 December 1970 in Case 11/70 Internationale Handelsgesellschaft v Einfuhr und Vorratstelle für Getreide und Futtermittel [1970] ECR 1125, in particular paragraph 3 at p. 1135.

4 Judgment of 13 December 1979 in Case 44/79 Hauer v Land Rheinland Pfalz [1979] ECR 3727, in particular paragraph 14, at p. 3744.

5 Case 4/73 Nold v Commission [1974] ECR 491, in particular paragraph 13 at pp. 507 and 508.

6 The 38th recital in the preamble to the regulation stresses that it should be provided that products of the wine sector circulating within the Community must be furnished with an accompanying document and then goes on lo state that for these products also rules on description and presentation should be adapted.

7 See, in particular, the judgment of 25 January 1979 in Case 98/78 Firma A. Racke v Hauplzollamt Mainz [1979] ECR 69, paragraph 5 at p. 81.

8 Commission Regulation (EEC) No 1011/84, see footnote 1.