Opinion of Mr Advocate General Lenz delivered on 8 November 1989

1 Original language German

2 Must the EEC Treaty, in particular Articles 59, 62 and 84, be interpreted as meaning that a Member State is aulh-onzi-d, in connection with the use by a ship of harbour installations situated in its island territory, to levy charges on ihc embarkation and disembarkation of passengers [ravelling to or arriving from a port situated in another Member State, whilst in the case of travel between two ports situated within national territory those charges arc levied only on embarkation at the island port

3 Judgment of 19 December 1968 in Case 13/68 Satgoil v liaban Mnmtry of Foreign Trade [1968] ECR 453

4 Judgment of 3 March 1971 in Case 51/70 /l//o Lumeke. Llaiiplzollamt Pastan [1971] ECR 121

5 Judgment of 23 March 1982 in Case 53/81 Lemu v Staalssecretam van /nume Į1982] ECR 1035

6 The procedural rules have been amended by the Single European Act.

7 OJ 1986, L 378, p. 1.

8 Judgment of 13 July 1989 in Case 4/88 Lambregts Transportbedrijf PVBA v Belgian Slate [1989] ECR 2583.

9 Judgment of 4 April 1974 in Case 167/73 Commission v French Republic [1974] ECR 359.

10 Judgment of 30 April 1986 in Joined Cases 209 to 213/84 Ministere public v Asjei [1986] ECR 1457

11 Judgment of 28 January 1986 in Case 270/83 Commission v French Republic [1986] ECR 273.

12 Judgment of 15 December 1971 in Joined Cases 51 to 54/71 htlcnititional Fruit Company NV and Others v Produklschap voor groenten en fruit [1971] ECR 1107.

13 Judgment of 6 July 1988 in Case 127/86 Aiiimrėre public ana Ministre dei Finances du Royaume de Belgique v Ledoux [1988] ECR 3741.