Opinion of the Advocate General Mischo delivered on 6 February 1991

1 Origina) language: French.

2 See paragraph 8 of the Opinion of Mr Van Gerven as well as che reference made to the judgment of the Court in Case 363/85 Commission v Italy [1987] ECR 1733, paragraph 12, from which it envisages that in the absence of a finding that there have been any practical consequences, it must be considered whether any adverse consequences are, theoretically at least, possible.

3 Sec paragraph 7 of the Opinion of Mr Van Gcrven. The quotation is taken from the judgment of the Court in Case 363/85 Commissioni /Wy[1987] ECR 1733, paragraph 7.

4 See also paragraph 8 of the Opinion of Mr Van Gerven as well as the reference to the judgment of the Court in Case 29/84 Commission v Gtrmany [1985] ECR 1661, paragraphs 28 and 31. See also the judgment of the Court in Case 118/86 Commission v Italy [1988] ECR 1323, paragraph 21.

5 See the reference made by Mr Van Gerven to the judgment of the Court in Case 252/85 Commission v France [19881 ECR 2243, paragraph 19, as well as to the judgment, referred to above, in Case C-131/88 Commission v Netherlands, paragraphs 35 and 36.

6 Except where the contrary is indicated, I shall refer to the version of that law which was in force before the amendments made thereto by the third Law amending the Law on protection against pollution, which was adopted on 11 May 1990 and which entered into force on 1 September 1990 (BGBL, I, p. 870).

7 BVenvG 72, 300, at pp. 316 seq.

8 BVerfG 78, pp. 214,227.

9 Sec judgment in Case 291/85 Commission v Netherlands [1987] ECR 3483, paragraph 15.

10 See judgment in Case 29/84, reference given in footnote 3, paragraph 28.