Opinion of Mr Advocate General Van Gerven delivered on 10 January 1991

1 Original language. Dutch.

2 OJ, English Special Edition 1968 II, p 176.

3 Presidential Decree No 550/89 (Creek Official Journal A 232 of 11 October 1989)

4 Creek Official Journal A 18 of 21 January 1977

5 Originally the provision also required the health certificate to be legalized by the Greek consulate in the country from which the goods came. It became apparent at the hearing that that requirement was abolished by Presidential Decree No 1050/1981 (Creek Official Journal A 256 of 15 September 1981).

6 Judgment in Case 251/78 [1979] ECR 3369.

7 Regulation No 804/68 also prohibits measures having equivalent effect to a quantitative restriction on imports.

8 For example the judgment in Case 29/87 Dansk Denkavit [1988] ECR 2965, paragraphs 26 to 30.

9 See inter alia the judgment in Case 104/75 De Peijper [1976] ECR 613, paragraphs 16 and 17, and also recently the judgment in Case C-128/89 Commission v Italy [1990] ECR, paragraph 18.

10 See inter alia the judgment in Case 73/84 Denkavit Futtermittel[1985] ECR 1013, paragraph 14.

11 If I understand correctly, the reference in the certificate to a statement by a veterinarian must, having regard to the wording of Article 13(1) of Decree No 40/1977, be broadly construed. Certificates issued by a competent authority of the country of origin (as mentioned in the decree) also appear to suffice.

12 1 assume that reference is being made here to the applicable legislation of the country of origin-

13 See Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (OJ 1979 L 33, p. 1).

14 According to Article 6(2)(b) of Directive 79/112 even ingredients need not be listed in the case of butter.

15 OJ 1985 L 226, p. 13.

16 Compare point (a)l of lhe certificale with Article 12 of lhe Directive; point (a)2 and 3 of ihe certificate with Article 3 A(l)(a)(n) of the directive, read in conjunction with Annex A, Chapter VIII A points 1(a) to (d); point (b)l of the certificate with Article 3 A(l)(b) and Article 5(1) and (2) of the directive; point (b)2 of the certificate with Article 11(3) of the directive; point (b)3 of the certificate with Article 3 A (l)(d) of the directive, read in coniunction with Annex A, Chapter VIII

17 [1983] ECR 203.

18 See also the abovementioned ludgment in Case 73/84 Denkavit Futtermittel, paragraph 15.

19 See the abovementioned judgment in Case C-128/89 Commission v Italy, paragraph 23.