Opinion of Mr Advocate General Mischo delivered on 10 February 1988

1 Translated from the French.

2 Commission Regulation (EEC) No 3531/85 of 12 December 1985 laying down certain technical and control measures relating to the fishing activities of vessels flying the flag of Spain in the waters of the other Member States, except Portugal (Official Journal 1985, L 336, p. 20).

3 In this connection see the judgment of 24 June 1986 in Case 53/85 AKZO v Commission [1986] ECR 1965, paragraph 21; see also the judgment of 6 March 1979 in Case 92/78 Simmenthal v Commission [1979] ECR 777, paragraph 32.

4 For the most recent case see the judgment of 17 November 1987 in Joined Cases 142 and 156/84 British American Tobacco and Reynolds Industries'/Commission [1987] ECR 4487, paragraph 13.

5 Council Regulation (EEC) No 3781/85 of 31 December 1985 laying down the measures to be taken in respect of operators who do not comply with certain provisions relating to fishing contained in the Act of Accession of Spain and Portugal (Official Journal 1985, L 363, p. 26).

6 See, for example, the judgment of 25 November 1986 in Case 148/85 Direction generale del impôts v Forest [1986] ECR 3449, paragraph 14.

7 See, with regard to such enabling provisions in the context of the operation of a common organization of the market, the judgment of 16 January 1979 in Case 151/78 SMer-/abriken Nykibing Limitent v Ministry o/Agriculture [1979] ECR 1, paragraph 22.

8 See, for instance, the judgments of 19 October 1977 in Joined Cases 117/76 and 16/77 Ruckdescheli Hauptzollamt Hamburg-St Annen [1977] ECR 1753, paragraph 7, and Joined Cases 124/76 and 20/77 Moulins et Huileries Pont-à-Mousson v Office national interprojessionnel des céréales [1977] ECR 1795, paragraph 16.

9 See, for example, the judgment of 23 February 1983 in Case 8/82 Wagner v BALM [1983] ECR 371, paragraph 18.