Opinion of Mr Advocate General Lenz delivered on 7 June 1988

1 Translated from the German.

2 Commission Decision of 19 December 1984 on the French system of assistance to industry comprising special investment loans, subsidized loans to enterprises, additional refinancing loans and FIM (Industrial Modernization Fund) loans (85/378/EEC) (Official Journal 1985, L 216, p. 12).

3 Commission Decision of 14 January 1987 on an FIM (Industrial Modernization Fund) loan to a brewery (87/303/EEC) (Official Journal 1987, L 152, p. 27).

4 As set out in the Commission's general Decision of 19 December 1984 in respect of FIM loans, Officiai Journal 1985, L 216, p. 12.

5 Communication of the Commission on Regional Aid Systems, Official Journal 1979, C 31, p. 9.

6 See judgment of 2 June 1974 in Case 173/73 Italy v Commiision [1974] ECR 709, and judgment of 22 March 1977 in Case 78/76 Steinike and Weinlig v Germany [1977] ECR 595, at p. 611.

7 See especially judgment of 17 December 1980 in Case 730/79 Philip Morrisv Commiuion [1980] ECR 2671.

8 Ibid., footnote 4, p. 9 (14).

9 See in particular judgments of 10 July 1986 in Cases 234/84 and 40/85 Commission v Belgium [1986] ECR 2263 and 2321. See also judgment of 17 November 1987 in Joined Cases 142 and 156/84 British-American Tobacco Company Ltd and Others v Commission [1987] ECR 4487, paragraph 72.