Opinion of Mr Advocate General Mischo delivered on 1 October 1987

1 Translated from the French.

2 Council Regulation No 1422/78 of 20 June 1978 concerning the granting of certain special rights to milk producer organizations in the United Kingdom (Official Journal 1978, L 171 of 28 June 1978, p. 14).

3 Sec for example its judgment of 7 Februaiy 1979 in Joined Cases 15 and 16/76 France) Commission [1979] ECR 321, paragraph 9 at p. 337, and its judgment of 14 January 1981 in Case 819/79 Germany v Commission [1981] ECR 21, paragraph 8 at p. 34.

4 See, for example, the judgments of 17 February 1985 in Case 55/83 and Case 56/83 Italy v Commission [1985] ECR 683 and 703, paragraph 21 at pp. 697 and 711. I also refer to the judgments of 15 March 1983 in Case 61/82 and Case 62/82 Italy v Commission [1983] ECR 655 and 687, in which the Court did not uphold the Italian Government's argument that in substance, regardless of any procedural omissions, the aid was paid for actual and genuine storage in respect of which all the required verifications had been earned out beforehand ([1983] ECR at pp. 667 and 697).

5 See the judgment of 7 February 1979 in Joined Cases 15 and 16/76 France v Commission [1979] ECR 321, paragraph 11.

6 See the judgment of 7 February 1979 in Case 18/76 Germany v Commission [1979] ECR 343, paragraphs 20 and 22 at pp. 387 and 388.

7 See the judgment of 14 January 1981 in Case 819/79 Germany/Commission [1981] ECR 21, paragraphs 10 and 35.

8 See the judgment of 7 February 1979 in Case 11/76 Netherlands v Commission and in Case 18/76 Germany v Commission [1979] ECR 245 and 343, paragraphs 9 and 8 respectively at pp. 279 and 384.

9 Commission Regulation (EEC) No 1565/79 of 25 July 1979 laying down rules for implementing Regulation (EEC) No 1422/78 concerning the granting of certain special rights to milk producer organizations in the United Kingdom (Official Journal L 188 of 26 July 1979, page 29

10 See the judgment of 25 November 1980 in Case 820/79 Belgium v Commission [1980] ECR 3537, paragraph 15, and the judgment of 27 January 1981 in Case 1251/79 Italy v Commission [1981] ECR 205, paragraph 17. The quotation is taken from paragraph 2 of the summary of those two judgments.

11 See the judgment of 14 January 1981 in Case 819/79 Germany v Commission [1981] ECR 21, paragraphs 20 and 21 at p. 36, and the judgment of 27 January 1981 in Case 1251/79 Italy v Commission [1981] ECR 205, paragraphs 20 and 21 at pp. 221 and 222. The quotation is taken from paragraph (4) of the summary of the judgment in Case 819/79.