Opinion of Mr Advocate General Mischo delivered on 22 November 1990

1 Original language: French.

2 Commission Regulation (EEC) No 2794/83 o( 6 October 1983 on the sale on the internal market of 450000 tonnes of common wheat of bread-making quality held by the Italian intervention agency and amending Regulation (EEC) No 1687/76 (OJ 1983 L 274, p. 18).

3 Case 256/85 Italian Republic v Commission [1988] ECR 521.

4 See the Opinion of Mr Advocate General Roemer in Case 14/64 Gualco nee Barge v High Authority and the judgment in that case at [1965] KCR 51, from which it is apparent that questions in respect of which the Court made no express reservation arc rei judicata

5 Case 347/85 United Kingdom v Commission [1988] ECR 1749, paragraph 14. Sec also Case 262/87 Netherlands v Commission [1989] ECR 225, paragraph 21, and Case C-335/87 Hellenic Republic v Commission [1990] ECR I-2875.

6 Judgment in Case 342/85 Italy v Commission [1987] ECR 4677, paragraphs 19 and 20, and the judgment in Case 347/85 United Kingdom v Commission, supra, paragraphs 15 and 16.

7 See, to that effect, the judgment in Case C-334/87 Hellenic Republic v Commission [1990] ECR I-2849 and the judgment of the same date in proceedings between the same parties in Case C-335/87 [1990] ECR I-2875.