Opinion of Mr Advocate General Lenz delivered on 1 December 1987
1 Translated from the German.
2 Official Journal 1981, L 177, p. 4.
3 Official Journal 1986, L 302, p. 23.
4 Observations of the Commission in Case 93/78 Lothar Mattheut v Doego Fruchtimport und Tiejkühlkott eG; judgment of 22 November 1978 [1978] ECR 2203 at p. 2208.
5 For the interpretation of an accession treaty, see the judgment of the Court of Justice of 29 May 1974 in Case 185/73 Hauptzollamt Bielefeld v H. C. König OHG [1974] ECR p. 607 at 616 et seq.
6 The limitation in time of this provision to the months of March to July 1986 ensued from Article 394 of the Act of Accession, which postponed the application of the Community rules introduced for the production of and trade in agricultural products until 1 March 1986, and Article 23 of the regulation on the organization of the markets in sugar, according to which Anides 24 to 32 of the regulaúon were to apply only until the end of the 1985/86 marketing year.
7 In Austrian law, for example, individual provisions of an ordinary statute may have the status of a constitutional provision, but only by virtue of an express directive in accordance with Article 44 of the Austrian Federal Constitutional Law of 1920.
8 See the judgment of 23 April 1986 in Case 294/83 Partie Ecologiste Les Verts v European Parliament [1986] ECR 1339 at paragraph 23.
9 See the judgment of 14 December 1962 in Joined Cases 16 and 17/62 Confédération nationale des producteurs de fruits et légumes v Council [1962] ECR 471, the judgment of 5 May 1977 in Case 101/76 Koninklijke Scholten Honil NV v Council and Commission [1977) ECR 797 and the judgment of 4 July 1983 in Case 231/82 Spijker Kwasten BV v Commission [1983] ECR 2559.
10 On this point, see the recent judgment of 17 November 1987 in Joined Cases 142 and 156/84 British American Tobacco Company Limited and Others v Commission of the European Communities [1987] ECR 4487, paragraph 13.
11 See the judgment of 23 April 1986 in Case 294/83 Partie Ecologiste Les Verts v European Parliament [1986] ECR 1339 at paragraph 23.