Opinion of Mr Advocate General Mischo delivered on 14 October 1987

1 Translated from the French.

2 Since the preamble to the directive as it was notified is disputed by the United Kingdom, I shall base my reasoning solely on the preamble to the text submitted by the Committee of Permanent Representatives to the Council.

3 Council Regulation No 2771/75 of 29 October 1975, Official Journal 1975, L 282, p. 49.

4 Council Regulation No 2772/75 of 29 October 1975, Official Journal 1975, L 282, p. 56.

5 See Council Regulation No 1831/84 of 19 June 1984 (Official Journal 1984, L 172, p. 2) and Council Regulation No 3341/84 of 28 November 1984 (Official Journal 1984, L 312, p. 7).

6 Commission Regulation No 1943/85 of 12 July 1985 amending Regulation No 95/69 as regards certain marketing standards for eggs (Official Journal 1985, L 181, p. 34).

7 See the judgment of 29 November 1978 in Case 83/78 Pigs Marketing Board v Redmond [1978] ECR 2347, in particular at paragraph 55.

8 See the thirteenth recital in the preamble to Council Regulation No 2771/75, supra, footnote 2.

9 Rules of Procedure adopted by the Council on 24 July 1979 on the basis of Article 5 of the Treaty of 8 April 1965 establishing a single Council and a single Commission of the European Communities (79/868/ECSC, EEC, Euratom, Official Journal 1979, L 268, p. 1)

10 Article 4 of the Treaty of 8 April 1965 establishing a single Council and a single Commission of the European Communities (Official Journal 1967, L 152, p. 2).

11 Judgment of 26 March 1987 in Case 45/86 Commission v Council [1987] ECR 1493, at paragraph 5.