Opinion of Mr Advocate General Lenz delivered on 2 May 1990

1 Original language: German.

2 Council Regulation of 27 June 1968 (OJ, English Special Edition 1968 (I), p. 176).

3 Commission Regulation of 12 February 1979 (OJ 1979, L 41, p. 1).

4 Commission Regulation of 13 July 1981 (OJ 1981, L 191, p. 6).

5 ECU 1.15 — 0.14 - 1.01, as against ECU 1.05 — 0.16 -0.89 — price payable.

6 Commission Regulation of 20 September 1985 (OJ 1985, L 252, p. 13).

7 See the judgment of 18 November 1987 in Case 137/85 Maizmiv BALM [1987] ECR 4587, paragraph 15.

8 On the applicability of the second paragraph of Article 174 of the EEC Treaty in the context of Article 177 of the EEC Treaty, see the judgment of 15 October 1980 in Case 145/79 Roquette Frires v French State [1980] ECR 2917.

9 See the first sentence in the observations of the national court on Question (b).

10 Judgment of 28 June 1977 in Case 118/76 Balkan Import-Export) Haupttollamt Berlin-Packho/[1977] ECR 1177.

11 Judgment of 14 November 1985 in Case 299/84 Neumann v BALM [1985] ECR 3663.

12 See in this connection Case 299/84, cited above, paragraph 27 of the judgment.

13 Sec judgments of 13 December 1984 in Case 106/83 Sermide v Cassa conguaglio zucchero [19841 ECR 4209, paragraph 28, of 23 February 1983 in Case 8/82 Wagner v BALM [1983] ECR 371, of 17 june 1987 in Joined Cases 424 and 425/85 Frico v Voedselvoorzienmgs In- en Verkoopbureau [1987] ECR 2755 and of 11 March 1987 in Joined Cases 279/84, 280/84, 285/84 and 286/84 Rau v Commission [1987] ECR 1069.

14 Second recital in the preamble to the regulation, emphasis added by the present writer; the wording of the regulation in the Romance languages of the Community and in Dutch corresponds to that in the German text and therefore does not give rise to any divergent interpretation. Likewise, the slightly different wording in the English text does not result in any different meaning.

15 See Article 1 of Regulation (EEC) No 2661/85.

16 See Article 2(2) of Regulation (EEC) No 1932/81.