Opinion of Mr Advocate General Lenz delivered on 5 February 1987

1 Translated from the German.

2 Judgment of 5 May 1966 in Joined Cases 18 and 35/65 Gutmann v Commission of the EAEC [1966] ECR 103.

3 Judgment of 27 June 1973 in Case 35/72 Kley v Commission [1973] ECR 679.

4 Judgment of 28 May 1980 in Case 33/79 Kuhner v Commission [1980] ECR 1677.

5 Judgment of 13 May 1970 in Case 46/69 Reinan v Commission [1970] ECR 275, at paragraphs 5 and 6.

6 Judgment of 16 October 1984 in Case 257/83 Williams v Court of Auditors [1984] ECR 3537.

7 Judgment of 3 February 1971 in Case 21/70 Rittweter v Commission [1971] ECR 7.