Opinion of Mr Advocate General Lenz delivered on 11 July 1989

1 Original language: German.

2 Council Regulation (EEC) No 2057/82 of 29 June 1982 establishing certain control measures for fishing activities by vessels of the Member States (OJ 1982, L 220, p 1)

3 Council Regulation (EEC) No 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources (OJ 1983, L 24, p 1)

4 OJ 1983, L 24, p. 30.

5 OJ 1983, L 25, p. 32.

6 OJ 1983, L 318, p. 20.

7 OJ 1983, L 365, p. 1.

8 OJ 1984, L 37, p. 1.

9 OJ 1984, L 318, p. 6.

10 OJ 1985, L 1, p. 1.

11 OJ 1985, L 361, p. 1.

12 In the oral procedure the defendant's representative admitted that in some instances in 1985 fishing was prohibited too late.

13 Judgment of 16 June 1987 in Case 46/86 Romkes v Officier van Justitie [1987] ECR 2671, at p. 2681.

14 Pending case — Juge d'instruction de Groningue.

15 See Council Regulation No 2241/87 of 23 July 1987 (OJ 1987, L 207, p. 1) and Council Regulation No 3483/88 of 7 November 1988 (OJ 1988, L 306, p. 2).

16 Judgments of 25 May 1982 in Case 96/81 Commission v Kingdom of the Netherlands [1982] ECR 1791, paragraph 6, of 15 January 1986 in Case 121/84 Commission v Italian Republic [1986] ECR 107, paragraph 12, of 22 September 1988 in Case 272/86 [1988] ECR 4875, paragraph 17, and of 25 April 1989 in Case 141/87 [1989] ECR 943, paragraphs 16 and 17.

17 Judgment in Case 96/81, cited above, paragraph 6.

18 Judgment in Case 96/81, cited above, paragraph 6

19 In other words, when 99 75% of the quota had been exhausted