Opinion of Mr Advocate General da Cruz Vilaça delivered on 1 April 1987

1 Translated from the Portuguese.

2 Judgments of 12 December 1967 in Case 4/67 Collignon v Commission [1967] ECR 365 at p. 372; of 14 April 1970 in Case 24/69 Nebe v Commission [1970] ECR 145 at pp. 151 and 152; of 7 July 1971 in Case 79/70 Müllers v Economic and Social Committee [1971] ECR 689 at p. 698; and of 17 February 1972 in Case 40/71 Richez-Parise v Commission [1972] ECR 73 at p. 79.

3 See the judgments cited under footnote 1.

4 Judgment of 14 July 1977 in Case 61/76 Geist v Commission [1977] ECR 1419 at p. 1435, paragraphs 44 and 45. See also judgment of 5 June 1980 in Case 24/79 Oberthür v Commission [1980] ECR 1743 at p. 1758; judgment of 18 December 1980 in Joined Cases 156/79 and 51/80 Gratreau v Commission [1980] ECR 3943 at pp. 3953 and 3954; judgment of 27 January 1983 in Case 263/81 List v Commission [1983] ECR 103 at p. 117.

5 Judgment of 23 January 1975 in Case 29/74 De Dapper v Parliament [1975] ECR 35 at pp. 41 and 42.

6 For example, judgment in De Dapper, cited above; see also the judgment cited by Mr Advocate General Mayras in his Opinion in Gratreau [1980] ECR 3961.

7 [1983] ECR 117 and 118.

8 See in this regard paragraphs 24 to 26 of the judgment in Gratreau, supra, and paragraph 28 of the judgment in List, supra.

9 See judgment of 25 November 1976 in Case 123/75 Küster v Parliament [1976] ECR 1685 at p. 1709; judgment of 14 July 1983 in Case 9/82 Øhrgaard and Delvaux v Commission [1983] ECR 2379 at p. 2390.

10 Øhrgaard, supra, p. 2390, paragraph 19.

11 See judgment of 14 December 1965 in Case 11/65 Morina v European Parliament [1965] ECR 1017 at p. 1027 judgment of 15 December 1966 in Case 62/65 Strio v Commission [1966] ECR 561 at p. 571; judgment of 27 October 1977 in Case 121/76 Moli v Commission [1977] ECR 1971 at p. 1979.

12 Judgments of 8 July 1965 in Case 83/63 Krawezynski v Commission [1965] ECR 623 at p. 640, and of 16 March 1971 in Case 48/70 Bernardi v Parliament [1971] ECR 175 at p. 183.

13 Judgment of 3 March 1982 in Case 14/81 Alpha Steel v Commission [1982] ECR 749 at p. 763.

14 Judgment of 5 June 1980, supra, at p. 1759.

15 Judgment of 16 December 1960 in Case 44/59 Fiddelaar v Commission [1960] ECR 535 at p. 548; and of 9 July 1970 in Case 23/69 Fiehn v Commission [1970] ECR 547 at p. 560.