Opinion of Mr Advocate General Mischo delivered on 26 September 1989

1 Original language: French

2 Judgment of 17 January 1989 in Case 293/87 Varnker v Parlament [1989] ECR 23, paragraphs 7 io 9

3 On this subject, see the judgment of 30 October 1974 in Case 188/73 Grassi v Council [1974] ECR 1099. The Court has even held that, in the case of an implied decision rejecting a complaint, the statement of reasons is necessarily deemed to be the same as the statement of reasons or the absence of reasons for the decision which was the subject of the unanswered complaint (see judgments of 27 October 1977 in Case 121/76 Moli v Commission [1977] ECR 1971, at p. 1978, and of 13 April 1978 in Case 75/77 Mollet v Commission [1978] ECR 897, at p. 906).

4 Judgment of 29 September 1976 in Case 9/76 Morello v Commission [1976] ECR 1415.

5 See judgment of 30 October 1974 Grass v Council, cited above, at p. 1111

6 See judgments of 9 July 1970 in Case 23/69 Fiehn v Commission [1970] ECR 547, at p. 561, and of 13 July 1972 in Case 79/71 Heinemann v Commission (1972) ECR 579, at p. 589.