Opinion of Mr Advocate General Darmon delivered on 19 February 1987

1 Translated from the French.

2 Judgment of 3 October 1985 in Cise 28/84 Commission v Federal Reputile of Germany [1985] ECR 3097, paragraph 12.

3 Judgment of 23 May 1985 in Case 29/84 Commission v Federal Republic of Germany [1985] ECR 1661, paragraph 23.

4 Judgment of 26 October 1983 in Case 163/82 Commission v Italian Republic [1983] ECR 3273, paragraphs 9 and 10.

5 My emphasis.