Opinion of Mr Advocate General Mischo delivered on 24 November 1987

1 Translated from the French.

2 Official Journal, English Special Edition, 1968 (1), p. 176.

3 In that connection, I would refer to the judgment of the Court of 14 December 1979 in Case 34/79 Reginu v Henn and Darby [1979] ECR 3795, in which it is stated that Article 30 applies also to prohibitions on imports inasmuch as they are the most extreme form of restriction and that the expression used in Article 30 must therefore be understood as being the equivalent of the expression prohibitions or restrictions on imports occurring in Article 36 (paragraph 12).

4 Official Journal 1985, L 226, p. 13.

5 See for example the judgment of 15 December 1982 in Case 211/81 Commission v Denmark [1982] ECR 4547, paragraph 14.

6 See for example the judgment of 6 June 1984 in Case 97/83 Melkunie [1984] ECR 2367, paragraph 18, and more recently the judgment of 12 March 1987 in Case 178/84 Commission v Germany [1987] ECR 1227, paragraph 41.

7 See the judgment of 20 May 1976 in Case 104/75 De Peijper [1976] ECR 613, paragraph 15. See also the judgment of 15 July 1982 in Case 40/82 Commission v United Kingdom [1982] ECR 2793: ...the effects of health policy on imports from other Member States cannot exceed the limits laid down by Community law (paragraph 34).

8 Sec for example the judgment of 12 July 1979 in Case 153/78 Commission v Germany [1979] ECR 2555, paragraph 5.

9 See for example the judgments in Melkunie and De Peijper, supra, paragraphs 12 ana 17 respectively.

10 See judgment of 8 November 1979 in Case 251/78 Denkavit Futtermittel v Minister fur Ernäbrung, Landwirtschaft und Forsten [1979] ECR 3369, paragraphs 24 and 28.

11 Judgment of 17 June 1987 in Case 154/85 Commission v Italy [1987] ECR 2717, paragraph 6; judgment of 5 June 1986 in Case 103/84 Commission v Italy [1986] ECR 1759, paragraphs 8 and 9; and judgment of 20 February 1986 in Case 309/84 Commission v Italy [1986] ECR 599, paragraph 18.