Opinion of Mr Advocate General Darmon delivered on 14 November 1990

1 Original language: French

2 Regulation of 29 June 1978 amending Regulation No 136/66/EEC on the establishment of a common organization of the market in oils and fats (OJ L 185, p. 1).

3 Regulation of 22 September 1966 on the establishment of a common organization of the market in oils and fats (OJ, English Special Edition 1965-1966. p. 221).

4 OJ 1978 L 331, p. 1.

5 By basic regulation is meant Regulation 136/66, as amended-

6 Judgment in Case 10-69 Portelange [1969] ECR 309, at paragraph 6; see also judgment in Case 13/68 Salgoil [1968] ECR 453, judgment in Case 28/68 Tonekens [1969] ECR 125 (subparagraphs 7 and 8), judgment in Case 35/76 Simmenlhal [1976] ECR 1871 (at paragraph 8), judgment in Case 5/77 Tedeschi 1977 ECR 1555 (at paragraph 19).

7 Article 4(1) of Regulation No 1562/78.

8 Article 14(1) of Regulation No 1562/78.

9 Article 16(2) of Regulation No 136/66 as amended.

10 Article 16(3) of Regulation No 136/66 as amended.

11 Page 9 of French translation.

12 Judgment in Case 23/75 Rey Soda [1975] ECR 1279, paragraph 11; judgment in Joined Cases 279, 280, 285 and 286/84 Rau v Commission [1987] ECR 1869, paragraph 14; Case C-350/88 Société fiancane dei biscuiţi Deiacre aud Others v Commission[1990] ECR I-395, paragraph 2.

13 Joined Cases 279, 280, 285 and 286/84, cited above, at paragraph 14.

14 Judgment in Case 29/77 Roquette [1977] ECR 1835, at paragraph 20; judgment in Case 136/77 Racke [1978] ECR 1245, at paragraph 4.