Opinion of Mr Advocate General Darmon delivered on 29 November 1988

1 Original language. French

2 Judgment of 12 March 1987 in Case 178/84 Comminion v Cermany [1987] ECR 1227

3 Judgment of 23 February 1988 in Case 216/84 Commiision v France [1988] ECR 793

4 Judgment of 14 July 1988 in Case 407/85 3 Glocken GmbH v Unità sanitaria locale Centro-Sud [1988] ECR 4233

5 Quotations from the report taken from the French version of documentation note No II distributed to the Court, pp. 14 and 15.

6 Quotations from Annex 5 to the Commission's application.

7 Supra, footnote 2

8 Paragraph 15 of the judgment.

9 Most recently in the judgment of 4 February Ī988 in Case 261/85 Commission v United Kingdom [1988] ECR 547, paragraph 12.

10 German Government's statement of defence, p. 6.

11 Ibid.

12 Council Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (OJ L 33, 8.2.1979, p. 1)

13 Supra, footnote 3

14 Paragraph 16 of the judgment.

15 Ibid.

16 German Government's statement of defence, p. 6.

17 Supra, footnote 11. 13th recitalprohibition

18 German Government's statement of defence, p. ]4

19 Commission's application, p. 19

20 Case 216/84, cited above, paragraph 18 of the judgment.

21 Ibid., paragraph 19 of the judgment.

22 Case 407/85, cited above, paragraph 26 of the judgment.