Opinion of Mr Advocate General Lenz 8 November 1990

1 Original language: German.

2 Council Regulation No 1914/87 of 2 July 1987 (OJ 1987 L 183, p. 5).

3 See Article 28(31 and (4i of the basic Council Regulation No 1785/81 of 30 June 1981 (OJ 1981 L 177, p. 4).

4 See Article 32a of Regulation No 1785/81, as amended by Council Regulation No 934/86 of 24 March 1986 (OJ 1986 L 87, p. 1).

5 Decision on own resources (OJ 1985 L 128, p. 15).

6 My emphasis.

7 Translator's note: This observation is based on the German text of the provision.

8 Judgments in Case 108/81 Amylum v Council [1982] ECR 3107, at paragraph 33, and in Case 110/81 Roquette Frères v Council [1982] ECR 3159, at paragraph 39.

9 Council Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources (OJ, English Special Edition 1970 (I), p. 224): contributions and other duties provided for within the framework of the organization of the markets in sugar.

10 Case 108/81, loc. cit., at paragraph 33 of the judgment.

11 Judgment in Case 265/87 Schrader \Hauptzollamt Gronau 11989] ECR 2237, at paragraph 11

12 Case 265/87, loc cit., at paragraph 10 of the judgment, see also the judgment in Case 179/84 Bozzet ti v Invernizzi SpA [1985] ECR 2301, at paragraphs 19 and 20

13 Case 110/81, loc cit., at paragraph 38 of the judgment, and Case 108/81, loc cit., at paragraph 32 of the judgment

14 Cases 108/81 and 110/81, loc cit

15 Judgment in Case 138/78 Stölting v Hauptzollamt Hamburg-Jonas [1979] ECR 713, at paragraph 4.

16 Case 138/78, loc. cit.

17 Case 138/78, at paragraph 7 of the judgment.

18 Case 138/78, loc. cit.

19 Council Regulation No 1785/81 of 30 June 1981 (OJ 1981 L 177, p. 4).

20 11th recital in the preamble to the basic regulation, my emphasis.

21 See the 11th recital in the preamble to the basic regulation.

22 Regulation No 1914/87.

23 Article 1(4) of Regulation No 1914/87, with reference to Article 41 of the basic regulation

24 Fourth recital in the preamble to Regulation No 1914/87

25 Fourth recital in the preamble to the basic regulation

26 Article 5 of the basic regulation; see also Regulation No 206/68 of 20 February 1968 on provisions governing contracts and group agreements relating to the purchase of sugar beet, Journal Officiel 1968, L 47, p. 1.

27 Articles 28 and 5 of the basic regulation.

28 See Article2(l)ofthebasicregulation.

29 See Article 1(2) and (4) of Regulation No 1914/87 and Commission Regulation No 3061/87 of 13 October 1987 (OJ 1987 L 290, p. 10).

30 See the preamble to basic Regulation No 1785/81

31 1 Uh recital in the preamble.

32 See paragraphs 3 and 5 of Article 28 of Regulation No 1785/81.

33 OJ 1985 L 167, p. 2.

34 First recital in the preamble.

35 OJ 1986 L 87, p. 1.

36 See Article 32a.

37 Second recital in the preamble.

38 Council Regulation No 1107/88 (OJ 1988 L 110, p 20)

39 Sixth recital in the preamble to Regulation No 1107/88, loc. cit

40 See Titles I and II of the basic regulation.

41 Regulation No 1009/67 of the Council of 18 December 1967 on the common organization of the market in sugar (OJ, English Special Edition 1967, p. 304).

42 10th recital in the preamble to Regulation No 1009/67.

43 Regulation of the Council of 19 December 1974 on the common organization of the market in sugar (Ol 1974 L 359, p. 1).

44 Council Regulation of 24 June 1980 on the application of the system of production quotas in the sugar and isoglucose sectors during the period 1 July 1980 to 30 June 1981 (OJ 1980 L 160, p. 12).

45 Judgment in Joined Cases 103 and 145/77 Royal Scholten-Honig and Tunnel Refineries Limited v Intervention Board for Agricultural Produce [1978] ECR 2037, at paragraph 39.

46 With regard to the system of quotas and sugar production levies, see also the judgment in Case 250/84 Eridania Zuccherifici Nazionali SpA and Others v Cassa Conguaglio Zucchero and the Italian Ministry of Finance and Treasury [1986] ECR 117.

47 See Case 250/84, loc. cit., at paragraph 32 of the judgment.

48 See Case 138/78, loc. cit., at paragraph 6 of the judgment.

49 Judgment in Case 230/78 Endanta-Zuccherifici Nazionali and Società Italiana per l'Industria degli Zuccheri v Minister of Agriculture and Forestry and Others [1979] ECR 2749, at paragraph 17 et seq.; also see Case 250/84, at paragraph 11 et seq. of the judgment.

50 Judgment in Case 4/73 Nold v Commission [1974] ECR 491; judgment in Case 44/79 Hauer v Land Rbeinland-Pfalz [1979] ECR 3727; and judgment in Case 265/87 Schrädery Haupttollamt Gronau [1989] ECR 2237.

51 Case 265/87, loc. cit. at paragraph 14 of the judgment.

52 Case 44/79, loc. cit., and Case 265/87, loc. cit.

53 Case 265/87, loc. cit., at paragraph 15, and Case 4/73, loc. cit., at paragraph 14.

54 Case 4/73. at paragraph 14 of the judgment.

55 Case 265/87, at paragraph 15 of the judgment

56 Judgment in Joined Cases 133 to 136/85 Walter Ran Lebensmittelwerke and Others v Bundesamtalt ßir landwirtschafiliche Marktordnung [1987] ECR 2289, at paragraph 18; see also Case 230/78, loc. cit., at paragraph 21 of tne judgment.

57 See also Case 230/78, at paragraph 22 of the judgment.