Opinion of Mr Advocate General da Cruz Vilaça delivered on 17 December 1987

1 Translated from the Portuguese.

2 Official Journal 1985, L 267, pp. 43 and 46.

3 Official Journal 1986, L 256, p. 29.

4 Official Journal 1979, L 199, p. 1.

5 Judgment of 14 January 1981 in Case 819/79 Germany v Commission [1981] ECR 21, at p. 36, paragraph 19 of the decision. See also the judgment of 27 January 1981 in Case 1251/79 Italy v Commission [1981] ECR 205, at pp. 221 and 222.

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

7 Judgment of 27 October 1977 in Case 30/77 R. v Bouchereau [1977] ECR 1999, at p. 2010, paragraph 14 of the decision. See also the judgment of 3 March 1977 in Case 80/76 Kerry Milk [1977] ECR 425, at p. 435; the judgments of 7 February 1979 in Case 11/76 Nelberlands v Commission [1979] ECR 245, at p. 278, and in Case 18/76 Federal Republic of Germany v Commission [1979] ECR 343, at p. 383, and the judgment of 12 July 1979 in Case 9/79 Koschniske v Raad an Arbeid [1971] ECR 2717 at p. 2724.

8 Official Journal 1986, L 208, p. 29.

9 See the judgment of 13 November 1964 in Joined Cases 90 and 91/63 Commission v Luxembourg and Belgium [1964] ECR 625, at p. 631.

10 A situation similar to that which arose in a recent case before the Court: see the judgments of 25 November 1987 in Case 342/85 Italy v Commission [1987] ECR 4677, paragraphs 20, 22, 27 and 28, and in Case 343/85 Italy v Commission, [19871 ECR 4677, 4711, paragraphs 20, 22 28, 29 and 31.

11 Judgments of 7 February 1979 in Case 11/76 Netherlands v Commission [1979] ECR 245, paragraph 8 of the decision, and in Case 18/76 Germany v Commission [1979] ECR 343, paragraph 7 of the decision; judgment of 27 February 1985 in Case 55/83 Italy v Commission [1985] ECR 683, at p. 699, paragraph 31 of the decision.

12 See also the judgment of 27 February 1985 in Case 55/83 Italy v Commission, supra, paragraph 21 of the decision, and the judgment of 7 February 1979 in Joined Cases 15 and 16/76 France v Commission, supra, paragraphs 9 and 10 of the decision.

13 [1979] ECR 321, at p. 339, paragraph 28 of the decision.

14 Along the same lines, see the judgment of 7 February 1979 in Joined Cases 15 and 16/76 France v Commission, supra, paragraphs 12 and 17 of the decision, and the judgments of 25 November 1987 in Cases 342/85 and 343/85 Italy v Commission, cited above.