Opinion of Mr Advocate General Mischo delivered on 11 February 1988

1 Translated from the French.

2 Council Regulation (EEC) No 777/85 of 26 March 1985 on the granting, for the 1985/86 to 1989/90 wine years, of permanent abandonment premiums in respect of certain areas under vines (Official Journal 1985, L 88, p. 8).

3 Judgment of 24 February 1987 in Case 26/86 Deutz and Geldermann v Council [1987] ECR 941, at paragraphs 6 and 7; see also order of 20 May 1987 in Joined Cases 233 to 235/86 Champlor and Others v Commission [1987] ECR 2251, at paragraphs 6 and 7.

4 Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (Official Journal, English Special Edition 1970 (I), p. 218).

5 Judgment of 17 January 1985, [1985] ECR 207.

6 Judgment of 18 November 1975 in Case 100/74, cited above, at p. 1403; judgment of 31 March 1977 in Case 88/76 Exportation at sucres v Commission [1977] ECR 709, at p. 725; judgment of 3 May 1978 in Case 112/77 Töpfer v Commission [1978] ECR 1019, at p. 1029.

7 Judgment of 6 March 1979 in Case 92/78 Simmenthal v Commission [1979] ECR 777.

8 Sec in particular the judgment of 26 February 1986 in Case 175/84 Krohn v Commission [1986] ECR 753, paragraph 26.

9 Judgment of 13 June 1972 in Joined Cases 9 and 11/71 [1972] ECR 391.

10 Judgment of 14 January 1987 in Case 281/84 Zuckerfabrik Bedburg and Others v Council and Commission [1987] ECR 49, at paragraphs 17 and 18.

11 Case 230/78 Eridania v Minister for Agriculture and Forestry [1979] ECR 2749.

12 Set judgment of 21 May 1987 in Joined Cases 133 to 136/85 Walter Rau Lebensmittelwerke and Others v BALM, [1987] ECR 2289, at paragraph 18.

13 See judgment of 11 March 1987 in Case 265/85 Van der Burgh en Jurgens v European Economic Community [1987] ECR 1155, at paragraph 44.

14 See inter alia the judgment of 14 January 1987 in Case 278/84 Federal Republic of Germany v Commission [1987] ECR 1, at paragraph 36.