Opinion of Mr Advocate General Van Gerven delivered on 19 February 1991

1 Original language: Dutch.

2 [1990] ECR I-2911.

3 Regulation (EEC) No 543/69 of the Council of 25 March 1969 on the harmonization of certain social legislation relating to road transpon (OJ, English Special Edition 1969 (I), p. 170).

4 Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonization of certain social legislation relating to road transport (OJ 1985 L 370, p. 1).

5 Law on provisions for the implementation of international conventions and decisions in connection with transport by road, rail and inland waterway (Moniteur belge of 4 April 1969).

6 Moniteur beige oí 4 June 1987.

7 Joined Cases 17 and 20/61 Klackner-Werke AG and Hoesch AG v High Authority o/the ECSC [1962] ECR 325.

8 Case 19/61 Mannetmann AG v High Authority of the ECSC [1962] ECR 357.

9 Notice regarding the concentrative and cooperative operations under Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrauons between undertakings (OJ 1990 C 203, p. 10)

10 See point 8 of the notice.

11 Case 69/74 Auditeur du Travail v Jean-Pierre Cagnon and Jean-Paul Taquet [1975] ECR 171.

12 See paragraph 10 of the judgment.

13 Case 76/77 Auditeurdu Travail v Bernard Dufour [1977] ECR 2485.

14 In the Dufour judgment it was a question of the obligation imposed by Anicie M of Regulation No 543/69 to issue to crew members an individual control book (the forerunner of the present tachograph).

15 Seethe Dufour judgment, paragraph 15.

16 As the Court stated in the Dufour judgment, that does not prevent the specific requirement at issue in that judgment, to issue personal control books, from being by way of exception a matter for the temporary employment undertaking if national legislation expressly provides to that effect (see paragraph 16 of the judgment).

17 See note 1.

18 See paragraph 17 of the judgment, with its reference to the judgment in Case 68/88 Commission v Greece [1989] ECR 2965.

19 See paragraphs 17 and 18 of the judgment.

20 Previously referred to in footnote 1.

21 See paragraphs 9 to 12 of the judgment.

22 See paragraphs 13 to 19 of the judgment.