Opinion of Mr Advocate General Cruz Vilaça delivered on 19 May 1988

1 Translated from the Portuguese.

2 Official Journal, English Special Edition [1972] (31 December), L 303, p. 1).

3 See, for example, judgment of 9 December 1981 in Case 193/80 Commission v Italy [1981] ECR 3019, at p. 3032.

4 Judgment of 17 February 1970 in Case 31/69 Commission v Italy [1970] ECR 25, at p. 33. See, also, judgments of II July 1984 in Case 51/83 Commission v Italy [1984] ECR 2793, and of 28 March 1985 in Case 274/83 Commission v Italy [1985]ECR 1077.

5 Judgment of 31 January 1984 in Case 74/82 Commission v Ireland [1984] ECR 317.

6 See judgment of 9 December 1981 in Case 193/80 Commissionv Italy[1981] ECR 3019, at p. 3032.

7 See judgment of 15 December 1982 in Case 211/81 Commission v Denmark [1982] ECR 4547. An explanation of the Court's strict interpretation of the requirement that the scope of the administrative procedure and the contentious procedure must be identical is provided in the judgment of 20 February 1986 in Case 309/84 Commission v Italy [1986] ECR 599 (see the opposite view adopted by Mr Advocate General Verloren van Themaat in his Opinion).

8 Judgment of 26 February 1976 in Case 65/75 Tasca [1976] ECR 291, at p. 309. See, more recently, judgment of 29 November 1983 in Case 181/82 Roussel Laboratoria v Netherlands [1983] ECR 3849, at p. 3869, paragraph 17.

9 Judgment of 24 January 1978 in Case 82/77 Openbaar Ministerie of the Netherlands v Van Tiggele [1978] ECR 25, at p. 39, paragraph 18.

10 Since the judgment of 11 July 1974 in Case 8/74 Procureur du Roi v Dassonville [1974] ECR 837, at p. 851.

11 Judgment of 16 November 1977 in Case 13/77 Inno v ATAB [1977] ECR 2115, at p. 2147, paragraphs 49 to 51.

12 See judement in Inno v ATAB paragraphs 53 to 56; see also judgment of 5 April 1984 in Joined Cases 177 and 178/82 Van de Haar and Kaveka de Meern [1984] ECR 1797, at p. 1814, paragraphs 20 to 22.

13 Inno v ATAB paragraph 64. See, also, judgment of 21 June 1983 in Case 90/82 Commission v France [1983] ECR 2011, at p. 2030, paragraphs 23 to 25.