Opinion of Mr Advocate General Mischo delivered on 12 December 1989

1 Original language: French.

2 Judgment of 17 January 1989 in Case 293/87 Vainker v Parliament [1989] ECR 23, paragraphs 7 to 9.

3 Herc the Commission is citing the judgments of 11 July 1968 in Case 16/67 Labeyńe v Commimon (1968] ECR 431, 293 and of 12 July 1979 in Case 124/78 Lisi v Commission [1979] ECR 2499, 2510.

4 See in particular the judgment of 17 May 1984 in Case 338/82 Albertini and Montagnani v Commission [1984] ECR 2123, 2145, paragraph 46.

5 The contested memorandum of 22 April 1987 is revealing in this regard since its author hopes that the applicant will return on 27 April 1987 whereas he did not return until 4 May 1987.

6 See by analogy the judgment of 9 March 1978 in Case 54/77 Herpels v Commission [1978] ECR 585, at p. 601, paragraph 54.

7 See the judgment of 27 June 1973 in Case 35/72 Kley v Commission [1973] ECR 679

8 See the judgment in Kley, cited above, and also the judgments of 1 May 1983 in Joined Cases 36, 37 and 218/81 Selon v Commission [19831 ECR 1789 and of 29 October 1981 in Case 125/80 Aming v Commission [1981] ECR 2553

9 Judgment of 10 July 1975 in Joined Cases 4 and 30/74 Scuppa v Commission [1975] ECR 919

10 Judgment of the Court of 14 June 1979 in Case 18/87 Mrs V. v Commission [1979] ECR 2093.

11 See the judgment of 6 May 1969 in Case 21/68 Huykrechu v Commission [1969] ECR 85

12 See the judgments of 23 January 1986 in Case 173/84 Raimussen v Commission [1986] ECR 197 and of 24 February 1981 in Joined Cases 62 and 161/80 Carbognam and Coda Zabetta v Commission [1981] ECR 543, at p. 564