Opinion of Mr Advocate General Mischo delivered on 10 October 1989

1 Original language: French.

2 See, in particular, the judgment of 19 January 1982 in Case 8/81 Becker v Finanzamt Münster-Innenstadt [1982] ECR 53, paragraph 21.

3 See judgments of 26 February 1986 in Case 152/84 Marshall v Southampton and South-Wen Hampshire Area Health Authority [1986] ECR 723, paragraph 46, and of 8 October 1987 in Case 80/86 Criminal proceedings against Kolpinghuis Nijmegen [1987] ECR 3969, paragraph 7.

4 See in particular the judgment of 29 September 1987 in Case 126/86 Giménez Zaera v Instituto Nacional de la Seguridad Social y Tesoreria de la Seguridad Social (1987) ECR 3697, paragraphs 15 and 16

5 Judgment of 9 July 1987 In Joined Cases 281. 283, 284, 285 and 287/85 Germany. France, the Netherlands, Denmark and the United Kingdom v Commission [1987] ECR 3203

6 In this same context, it should be noted that it was in interpreting Council resolutions, which essentially only expressed the political will of the Council and of the representatives of the governments of the Member States, that the Court stated that they could not produce effects in law on which interested parties could rely before the courts (see judgment of 24 October 1973 in Case 9/73 Schlüter v Hatiptzollaml Lörrach [1973] ECR 1135, paragraph 40) and could not engender effects which could be used against individuals (see judgment of 3 February 1976 in Case 59/75 Pubblico Ministero v Manghera [1976] ECR 91, paragraph 21).

7 In his study entitled Das Vorabenlscheidungsverfahren vor dem Gerichtshof der Europäischen Gemeinschaften. Baden-Baden 1986, p 25, Mr Everling refers in this context to the judgment of 15 January 1986 in Case 44/84 Hurd v J ones [1986] ECR 29, in svilirti the Court slated that u had jurisdiction to interpret measures such as those referred to in Article 3 of the Act of Accession of 1972 (in particular declarations, resolutions and other statements concerning the European Communities) even though they did not fall within the categories in Article 177 of the EEC Treaty, but only in so far as it was necessary to define them or examine them in order to determine the scope of Article 3 (see paragraphs 20 to 22).