Opinion of Mr Advocate General Lenz delivered on 13 January 1988

1 Translated from the German.

2 Opinion of Mr Advocate General Lenz of 28 January 1986 in Case 103/84 Commission v Italian Republic [1986] ECR 1759.

3 Judgment of 9 July 1970 in Case 26/69 Commission v French Republic [1970] ECR 565.

4 See the judgment of 7 February 1973 in Case 39/72 Commission v Italian Republic [1973] ECR 101; judgment of 5 June 1986 in Case 103/84 Commission v Italian Republic [1986] ECR 1759; judgment of 20 February 1986 in Case 309/84 Commission v Italian Republic [1986] ECR 599; judgment of 17 June 1987 in Case 154/85 Commission v Italian Republic [1987] ECR 2717.

5 See the judgments cited above.

6 At paragraph 8 of the judgment.

7 See the judgment of 11 July 1974 in Case 8/74 Procureur du Roii Dasionville [1974] ECR 837 at paragraph 5.

8 Council Regulation of 29 October 1975 on the common organization of the market in cereals, Official Journal 1975, L 281, p. 1.

9 See for example common organization of the market in poultry, judgment of 18 May 1977 in Case 111/76 Oficier van Justitie v Beert van den Hazel [1977] ECR 901; common organization of the market in pigmeat, judgment of 29 November 1978 in Case 83/78 Pigs Marketing Board v Redmond [1978] ECR 2347; common organization of the market in beef and veal, judgment of 16 December 1986 in Case 124/85 Commission v Hellenic Republic [1986] ECR 3935.

10 See Case 83/78, supra, at paragraph 56 et seq.

11 See the second page of Annex 8 to the application: It is possible that when the system was first applied certain delays may have occurred.

12 See the judgment of 31 January 1984 in Joined Cases 286/82 and 26/83 Luisi and Carbone v Minutero del Tesoro [1984] ECR 377.

13 Sec Decision E 6/963 of 21 February 1984 (Annex 2 to the defendant's answer to the questions put by the Court).