EU-domstolen

Opinion of Mr Advocate General Tesauro delivered on 22 November 1989

CELEX: 61988CC0152
Typ: EU-domstolen

1 Original language: Italian.

2 Commission Regulation (EEC) No 962/88 of 12 April 1988; Commission Regulation (EEC) No 984/88 of 14 April 1988; Commission Regulation (EEC) No 1040/88 of 20 April 1988.

3 Commission Regulation (EEC) No 346/88 of 3 February 1988.

4 Sec however judgment of 8 March 1988 in Joined Cases 62/87 and 72/87 Exécutif regional wallon and Glaverbel v Commission [1988] ECR 1573, in particular paragraph 8.

5 Judgments of 13 May 1971 in Joined Cases 41/70 to 44/70 International Fruit [1971] ECR 411 and of 18 November 1975 in Case 100/74 CAM [1975] ECR 1393.

6 Sec most recently the judgment of 29 June 1989 in Joined Cases 250/86 and 11/87 RAR [1989] ECR 2045.

7 Regulation (EEC) No 1035/72 of the Council of 18 May 1972 (OJ, English Special Edition 1972 (II), p. 437).

8 Regulation (EEC) No 2707/72 of the Council of 19 December 1972 (OJ, English Special Edition 1972 (28 to 30 December) p. 3).

9 The point was raised by Mr Advocate General VerLoren van Themaat in his Opinion in Case 59/84 Tezi [1986] ECR 887, particularly at p. 914, but was not considered in the judgment (of 5 March 1986).

10 See judgments of 2 December 1971 in Case 5/71 Zuckerfabrik [1971] ECR 975, of 25 May 1978 in Joined Cases 83/76 and 94/76, 5/77, 15/77 and 40/77 HLN [1978] ECR 1209, of 4 October 1979 in Case 238/78 lreks-Arkady [1979] ECR 2955, in Joined Cases 241/78, 242/78, and 245/78 to 250/78 DGK[1979] ECR 3017, in Joined Cases 261/78 and 262/78 Interquell Stärke-Chemie [1979] ECR 3045, of 5 December 1979 in Joined Cases 116/77 and 124/77 Amylum [1979] ECR 3497, of 17 December 1981 in Joined Cases 197/80 to 200/80, 243/80, 245/80 and 247/80 Ludwigsha/ener Walzmühle [1981] ECR 3211, of 6 December 1984 in Case 59/83 Biovilac [1984] ECR 4057, of 19 September 1985 in Joined Cases 194/83 to 206/83 Astern [1985] ECR 2815 and of 30 May 1989 in Case 20/88 Roquette Frères [1989] ECR 1553.

11 See in particular HLN, paragraph 6.

12 Ibid., paragraph 4.

13 Ibid, paragraph 7.