Opinion of Mr Advocate General Darmon delivered on 28 February 1989

1 Original language French

2 Judgment of 10 December 1987 in Joined Cases 181 to 184/86 Del Pialo and Others v Commission [1987] ECR 4991

3 Judgment of 12 July 1984 in Case 227/83 Moussis v Commission [1984] ECR 3133, paragraph 12. See also the judgment of 5 June 1980 in Case 108/79 Belfiore v Commission [1980] ECR 1769, paragraph 3; judgment of 19 February 1981 in Joined Cases 122 and 123/79 Schiavo v Council [1981] ECR 473, paragraph 27; judgment of 13 November 1986 in Case 232/85 Becker v Commission [1986] ECR 3401, paragraph 8.

4 Order of 7 October 1987 in Case 108/86 Di Muro v Council and Economic and Social Committee [1987] ECR 3933, paragraph 10; order of 24 September 1987 in Case 134/87 Vlachou v Court of Auditors [1987] ECR 3633, paragraphs 6 to 10; order of 28 November 1985 in Case 19/85 Grégoire-Foulon v Parliament [1985] ECR 3771, paragraphs 7 to 9.

5 Order of 18 March 1987 in Case 13/86 von Bonkewitz-Lindner v Parliament [1987] ECR 1417, paragraphs 5 to 7; order of 4 June 1987 in Case 16/86 Pertoldi v Economic and Social Committee [1987] ECR 2409, paragraphs 5 to 8.

6 Order of 7 October 1987 in Case 248/86 Brüggemann v Economic and Social Committee [1987] ECR 3963, paragraph 6.

7 Order of 1 April 1987 in Joined Cases 159 and 267/84, 12 and 264/85 Ainsworth and Others v Commission [1987] ECR 1579, paragraphs 3 and 4.

8 Order of 26 September 1984 in Case 297/83 Les Verts v Council [1984] ECR 3339, paragraph 7; order of 26 September 1984 in Case 216/83 Les Verts v Commission and Council[1984] ECR 3325, paragraph 7.

9 Judgment of 4 February 1987 in Case 276/85 Cladakis v Commission [19871 F.CR 495, paragraph 6, order of 16 June 1988 in Case 371/87 Progoulis v Commission 11988] LCR 3091, paragraphs 10 and II, order of 15 October 1986 in Case 349/85 Denmark v Commission, not published, paragraph 2, order of 15 March 1984 in Case 131/83 Vaupel v Court of Justice. OJ C 128, 15 5 1984, paragraph 5

10 Judgment of 9 December 1982 in Case 191/81 Plug v Commission [1982] ECR 4229, paragraph 13.

11 Judgment of 19 January 1984 in Case 260/80 Andersen v Council [1984] ECR 177, paragraph 4

12 Judgment of 17 January 1989 in Case 293/87 Vainker v Parliament[1989] ECR 23, paragraph 8

13 Judgment of 26 January 1989 in Case 224/87 Koutchoumoff v Commission [1989] ECR 99, paragraph 7

14 Judgment of 14 February 1989 in Case 346/87 Bossi v Commission [1989] ECR 303, paragraphs 9 and 10

15 Judgment of 20 May 1987 in Case 242/85 Geist v Commission [1987] ECR 2181, paragraph 9 See also the judgment of 10 December 1987 in Case 277/84 Jansch v Commission [1987] ECR 4923, paragraph 10

16 Opinion delivered on 1 December 1988 in Case 346/87, cited above

17 Cited above, paragraph 28.

18 judgment of 12 December 1967 in Case 4/67 Muller v Commission [1967] ECR 365, especially pp. 373 and 374.

19 Judgment of 30 May 1984 in Case 111/83 Picciolo v Parliament [1984] ECR 2323, paragraph 29; judgment of 29 October 1975 in joined Cases 81 to 88/74 Marenco v Commission [1975] ECR 1287, paragraphs 6 and 7.

20 Joined Cases 181 to 184/86 Del Plato and Others v Commission, cited above, paragraphs 13 and 14

21 Administrative Notices No 409 of 24 June 1983

22 Judgment of 30 January 1974 in Case 148/73 Couwage v Commission [1974] ECR 81, paragraph 12; see also the judgment of 1 December 1983 in Case 190/82 Blomefield v Commission [1983] ECR 3981, paragraph 20; and Del Plato and Others, cited above, paragraph 10.

23 Judgment of 5 February 1987 in Case 280/85 Mouzourakis v Parliament [1987] ECR 589, paragraph 5; see Blomefield, cited above, paragraph 26; see the judgment of 12 July 1984 in Case 17/83 Angelidis v Commission [1984] ECR 2907, paragraph 16.

24 Judgment of 11 May 1978 in Case 25/77 De Roubaix v Commission [1978] ECR 1081, paragraph 17; see also the judgment of 12 July 1973 in Case 28/72 Tonlodonati v Commission [1973] ECR 779, paragraph 8.

25 Judgment of 5 December 1974 in Case 176/73 Van Belle v Council [1974] ECR 1361

26 Judgment of 7 October 1985 in Case 128/84 van der Stijl v Commniwn [1985) ECR 3281

27 Judgment of 14 July 1983 in Case 10/82 Mogemen v Commissio n [1983] ECR 2397.