Opinion of Mr Advocate General Tesauro delivered on 6 March 1990

1 Original language: Italian.

2 OJ 1981 L 379, p. 1.

3 OJ 1982 L 235, p. 1.

4 OJ 1982 L 335, p. 1.

5 OJ 1976 L 20, p. 29.

6 OJ 1980 L 200, p. 82.

7 The questions raised were the following:(2) If the answer to Question I is that financial compensation must be paid to a producers' organization, is that compensation to be calculated: (a) by reference to the toul quantity of fish of the relevant species put up for sale even if some of that quantity of fish of the relevant species was put up for sale in breach of Community marketing standards, or (b) by reference to the total quantity of fish of the relevant species put up for sale reduced pro tanto to reflect the quantity of fish of that species put up for sale in breach of Community marketing standards (3) If the answer to Question 2 is that compensation is to be calculated by reference to the quantity of fish as reduced to reflect the quantity put up for sale in breach of Community marketing standards, is the burden upon the Member State to establish the extent of the producers' organization's failure or upon the producers' organization to show the extent of its compliance?