Opinion of Mr Advocate General Tesauro delivered on 14 December 1988

1 Original language: Italian.

2 OJ 1985, L 81, p. 38.

3 OJ 1985, L 80, p. 18.

4 OJ, English Special Edition 1966, p. 221.

5 OJ 1983, L 266, p. 1.

6 OJ 1985, L 81, p. 36.

7 OJ 1983, L 163, p 44.

8 OJ 1986, L 87, p. 5.

9 It seems to me to be significant that, after the occurrence of the eventi at issue in this case, and even after the amendment of Article 8 of Regulation No 1594/83 made by Council Regulation No 935/86, the Commission, having in two other cases found an error in a regulation fixing the amount of the subsidy, proceeded to rectify matters by amending the incorrect regulation (see Commission Regulations Nos 1520/87 of 1 June 1987, OJ 1987, L 142, and 1537/87 of 2 June 1987, OJ 1987, L 143). In the first case, when the error was unfavourable to the traders concerned, the amendment took effect ex mmc, unless otherwise requested by those concerned; in the second case, where the amendment was made a few days after the issue of the incorrect regulation, in which the error was favourable to the traders concerned, the amendment took effect ex tunc, unless otherwise requested by those concerned.