Opinion of Mr Advocate General Van Gerven delivered on 5 July 1990

1 Original language: Dutch.

2 Regulation (EEC) No 136/66 of the Council of 22 September 1966 on the establishment of a common organization of the market in oils and fats (OJ, English Special Edition 1965-66, p. 221).

3 Regulation (EEC) No 804/68 of the Council of 27 June 1968 on the common organization of the market in milk and milk products (OJ, English Special Edition 1968 (I), p. 176).

4 See Article 3(1) of the basic regulation on fats and oils and Article 22(1) of the basic regulation on milk and milk products.

5 Case 8/74 Procureur du Roi v Dassonville [1974] ECR 837, paragraph 5.

6 Case 120/78 REWE v Bundesmonopolverwaltung jur Branntwein [1979] ECR 649.

7 Opinion delivered on 20 March 1990 in Case C-169/89 Criminal proceedings against Gournnetterie Van den Burg [1990] ECR I-2143.

8 See Article I of Commission Regulation (EEC) No 1058/77 of 18 May 1977 of the characteristics of olive oil and of certain products containing olive oil and amending the Common Customs Tariff nomenclature as regards olive oil (OJ 1977 L 128, p. 6).

9 Set judgment in Case 261/81 Rau [1982] ECR 3961, in which lhe Court ruled ihat labelling provisions served io rule out the possibility of confusion between butter and margarine just as effectively as mandatory rules regarding the packaging of such products..