Opinion of Mr Advocate General Mischo delivered on 9 December 1987

1 Translated from the French.

2 Case 258/78 [1982] ECR 2015.

3 Judgment of 8 June 1982 in Case 258/78 Nungesser v Commission citea above, paragraph 28; judgment of 14 September 1982, in Case 144/81 Keurkoop v Nancy Kean Gifts [1982] ECR 2853, paragraphs 27 and 28; judgment of 22 June 1976 in Case 119/75 Terrapin v Terranova [1976] ECR 1039, paragraph 5; judgment of 8 June 1971 in Case 78/70 Deutsche Grammophon v Metro [1971] ECR 487, paragraph 6.

4 The expression basic seed means seed which has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety (Article 2 (1) (C) of Directive 66/402/EEC of 14 June 1966).

5 Case 56/65 [1966] ECR 235.

6 Judgment of 17 October 1972 in Case 8/72 Vereeniging van Cementhandelaren v Commission [1972] ECR 977, paragraph 19; judgment of 26 November 1975 in Case 73/74 Papier peints v Commission [1975] ECR 1491, paragraph 10.

7 See in particular the judgment of 20 June 1978 in Case 28/77, Tepea v Commiision [1978] ECR 1391, and the judgment of 16 June 1981 in Case 126/80 Salonia v Poidomani and Giglio [1981] ECR 1563.