Opinion of Mr Advocate General Mischo delivered on 29 November 1990

1 Original language: French.

2 Official Journal 1979 L 6, p. 24.

3 See in particular: judgment of 4 December 1986 in Case 71/85 Netherlands v Federatie Nederlandse Vakbeweging [1986] ECR 3855; judgment of 24 June 1987 in Case 384/85 Borne Clarke v Chief Adjudication Officer [1987] ECR 2865; judgment of 8 March 1988 in Case 80/87 Dik v College van Burgemeester en Wethouders [1988] ECR 1601.

4 Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 1976 L 39, p. 40).

5 Judgment of 4 April 1960 in Joined Cases 4 to 13/59 Mannesmann v High Authority [1960] ECR 113; judgment of 11 July 1968 in Case 26/67 Danvin v Commission [1968] ECR 315; judgment of 3 May 1972 in Case 33/71 De Haan v Commission [1972] ECR 255; judgment of 7 October 1987 in Case 401/85 Schina v Commission [1987] ECR 3911.

6 Judgment of 19 March 1964 in Case 18/63 Wölkst (née Schmitz) v European Economic Community [1964] ECR 85; judgment of 8 July 1965 in Case 110/63 Willame v Commission [1965] ECR 649.

7 Judgment of 27 February 1980 in Case 68/79 Just v Danish Ministry for Fiscal Affairs [1980] ECR 501; judgment of 27 March 1980 in Case 61/79 Amministrazione delle Finanze dello Stato v Denkavit Italiana [1980] ECR 1205; judgments of 10 July 1980 in Cases 811/79 and 826/79 Amministrazione delle Finanze dello Stato v Aríete and Amministrazione delle Finanze dello Stato v Afireco [1980] ECR 2545 and 2559; judgment of 9 November 1983 in Case 199/82 Amministrazione delle Finanze dello Slato v San Giorgio [1983] ECR 3595.

8 Judgment of 12 June 1980 in Case 130/79 Express Dairy Foods v Intervention Board for Agricultural Produce [1980] ECR 1887; judgment of 13 May 1981 in Case 66/80 International Chemical Corporation v Amministrazione delle Finanze dello Stato [1981] ECR 1191; for a case where a Member State relied on the fact that the unjust enrichment had ceased to subsist as a reason for not proceeding to recover aid unduly paid under Community law see the judgment of 21 September 1983 in Joined Cases 205 to 215/82 Deutsche Milchkontor v Germany [1983] ECR 2633.

9 OJ 1987 L 346, p. 19.

10 OJ 1984 L 164, p. 32. See also the judgment of 17 June 1987 in Joined Cases 424 and 425/85 Frico v Voedselvoor- zienings In- en Verkoopbureau, [1987] ECR 2755, which was concerned with that regulation.

11 OJ 1986 L 274, p. 13.