Opinion of Mr Advocate General Lenz delivered on 31 May 1988

1 Translated from the German.

2 OJ L 229, 30.8.1980, p. 11.

3 Judgment of 30 June 1966 in Case 61/65 Vaassen-Gobbels [1966] ECR 377.

4 Judgment of the Court of 21 February 1974 in Case 162/73 Birra Dreher v Amministrazione delle finanze dello Stalo [1974] ECR 201.

5 Judgment of the Court of 11 June 1987 in Case 14/86 Pretore Ji Salò v X[1987] ECR 2545.

6 Judgment of 16 December 1981 in Case 244/80 P. Foglia v M. Novello [1981] ECR 3045, paragraphs 15 et seq. of the decision.

7 Loc cit, paragraph 7 of the judgment.

8 Case 244/80, loc. cit.

9 Sec, as regards the stage of the main proceedings in the procedure under Article 177, judgment of 10 March 1981 in Joined Cases 36 and 71/80 Irish Creamery Milk Suppliers Association and Others v Government of Ireland and Others [1981] ECR 735.

10 See judgment of 29 November 1978 in Case 83/78 Pigs Marketing Board v Raymond Redmond [1978] ECR 2347, and most recently, judgment of 20 April 1988 in Case 204/87 Bekam v French Republic [1988] ECR 2029.

11 Case 204/87, loc. cit., paragraphs 5 et seq. of the decision.

12 Council Directive 75/440/EEC of 16 June 1975, OJ 1975, L 194, p. 26.

13 In Danish: en vis smidighed In Greek: enilixir In Spanish: una cierta flexibilidad In French : une certaine souplesse In Italian: una certa elasticità In Dutch: een zekere soepelheid In Portuguese: uma certa flexibilidade.

14 Article 189 of the EEC Treaty.

15 See p. 10 of the transcript of the hearing.

16 See Article 1 of Directive 75/440/EEC.

17 See p. 10 of the transcript of the hearing.

18 Sec decision of the Ministry of Health of 25 June 1986 which provides for a period of validity lasting until 31 December 1986.

19 See decision of 22 December 1986, in force until 31 December 1987.

20 See p. 17 of the transcript of the hearing.

21 We are therefore faced with a situation in which it is not possible totally to exclude, as the directive does, an unacceptable risk to public health.