Opinion of Mr Advocate General Tesauro delivered on 13 March 1990
1 Original language: Italian.
2 Commission Regulation (EEC) No 400/86 of 21 February 1986 (OJ 1986, L 45, p. 22).
3 Judgment of 8 June 1989 in Case 167/88 Association générale des producteurs de blé v OMC [1989] ECR 1653.
4 For the purposes of this Opinion, basic regulation means Regulation No 2727/75, as amended by Council Regulation (EEC) No 1143/76 of 17 May 1976 (OJ 1976, L 130, p. 1). When reference is made to versions of Regulation No 2727/75, as amended by regulations other than Regulation No 1143/76, the particulars of the amending regulation will be cited.
5 Commission Regulation (EEC) No 2124/85 of 26 July 1985 (OJ 1985, L 198, p. 31).
6 A restrictive approach of that kind had already become apparent in respect of the previous marketing year, in Council Regulation (EEC) No 1019/84 of 31 March 1984 fixing cereal prices for the 1984/85 marketing year (OJ 1984, L 107, p. 4); in particular, the second recital states that the policy of caution on prices should become a policy of restriction, requiring a reduction both of the intervention price and of the reference price. As far as the Commission's practice is concerned, it should be noted that the restrictive approach is reflected in Commission Regulation (EEC) No 1810/84 of 28 June 1984 (see the fourth recital) containing a special intervention measure for the 1984/85 marketing year (OJ 1984, L 170, p. 33) and also in Commission Regulation (EEC) No 2124/85 of 26 July 1985 (OJ 1985, L 198, p. 31; see the second recital) adopting — as seen above — the precautionary pricing measures necessitated by the Council's continuing failure to act.
7 Council Regulation (EEC) No 1950/81 of 13 July 1981 (OJ 1981, L 198, p. 3).
8 Council Regulation (EEC) No 1452/82 of 18 May 1982 (OJ 1982, L 164, p. 6)
9 Council Regulation (EEC) No 1564/83 of 14 June 1983 (OJ 1983, L 163, p. 1).
10 See most recently the judgment of 14 February 1990 in Case C-350/88 Bisanti Deiacre and Others v Commission [1990] ECR I -395.