Opinion of Mr Advocate General Lenz delivered on 9 March 1988

1 Translated from the German.

2 Sec lhe judgment of 23 October 1986 in Case 321/85 Hartmut Schwiering v Court of Auditors [1986] ECR 3199, parigraph 18; judgment of 28 May 1980 in Joined Cases 33 and 75/79 Richard Kuhner v Commission [1980] ECR 1677, paragraph 22, and the judgment of 9 December 1982 in Case 191/81 Onno Plug v Commission [1982] ECR 4229, paragraph 21.

3 See the judgment of 5 June 1980 in Case 108/79 Salvatore Belfiore v Commission [1980] ECR 1769, paragraph 15 at p. 1783.

4 See paragraph 22 above.

5 See the judgment of 17 October 1977 in Joined Cases 126/75, 34 and 92/76 Robert Giry v Commission [1977] ECR 1937.

6 See the judgment of 1 July 1976 in Case 58/75 Jacques Henri Sergy v Commission [1976] ECR 1139, paragraphs 31 to 34 at pp. 1152 and 1153.

7 Ibidem, p. 1153.

8 See the judgment of 5 May 1983 in Case 785/79 Adriano Pizziolo v Commiision [1983] ECR 1343.