Opinion of Mr Advocate General Mischo delivered on 13 March 1991

1 Originii language: French.

2 See, as regards a convention concluded after the entry into force of the EEC Treaty but before the accession of the United Kingdom, Ireland and Denmark, the judgment of 14 October 1980 in Case 812/79 Attorney General v Burgoa [1980] ECR 2787, paragraph 8.

3 For the compatibility with the Treaty, and in particular with Anieles 7 and 30, of the distribution between national quotas of the toul volume of catches available to the Community, see the judgment of 16 June 1987 in Case 46/86 Romkei v Officier van Justitie [1987] ECR 2671, paragraphs 23 and 24.

4 I would refer in this context to the case-law of the Court according to which it is the registered office of a company within tne meaning of Article 58 that serves as the connecting factor with the legal system of a particular State, like nationality in the case of natural persons (see the judgments of 28 January 1986 in Case 270/83 Commiiiion v France [1986] ECR 273, paragraph 18, and of 10 July 1986 in Case 79/85 Segen v Beituur van de Bedrijfsvereniging voor Bank- en Verzekeringswezen, Groothandel en Vrije Beroepen [1986] ECK 2375, paragraph 13).

5 Operator covers charterers, managers or operators within the meaning of section 14(l)(c) of the 1988 Act.

6 This directive was repealed and replaced with effect from 1 July 1990 by Directive 88/361/EEC (OJ 1988 L 178, p 5).

7 See, in particular, the judgments of 24 January 1978 in Case 82/77 Openbaar Mimitene v Van Tiįgele [1978] ECR 25, paragraph 19, and of 16 December 1980 in Case 27/80 Fietje [1980] ECR 3839, paragraph 14.

8 See, in the context of the free movement of workers, the judgments of 23 March 1982 in Case 53/81 Levin v Staatsecretaris van Justitie [1982] ECR 1035, paragraph 17, of 3 June 1986 in Case 139/85 Kemp/v Staatssecretaris van Justitie [1986] ECR 1741, paragraph 10, of 21 June 1988 in Case 197/86 Brown v Secretary of State for Scotland [1988] ECR 3205, paragraph 21, and of 31 May 1989 in Case 344/87 Bettray v Staatssecretaris van Justitie [19891 ECR 1621, paragraph 13, and, on a general level, for tne definition of economic activities within the meaning of Article 2 of the EEC Treaty, the judgment of 5 October 1988 in Case 196/87 Steymann v Staatssecretaris van Justitie [1988] ECR 6159, paragraph 13.

9 See the judgments of 28 January 1986 in Case 270/83 Cammission v France [1986] ECR 273, paragraph 18, and of 10 July 1986 in Case 79/85 Segers [1986] ECR 2375, paragraphs 13 and 14.

10 See paragraph 11 of the judgment in Agegate and paragraph 12 of the judgment in jaderow.

11 Judgment of 26 April 1988 in Case 352/85 Bond van Adverteerders v The Netherlands State [1988] ECR 2085, paragraph 36.