Opinion of Mr Advocate General Lenz delivered on 5 February 1991

1 Original language: German.

2 Of 20 December 1985 (OJ 1985 L 370, p. 1).

3 Of the Council of 25 March 1969 (OJ, English Special Edition 1969 (1), p. 170).

4 Second subparagraph of Article 18(1).

5 Second subparagraph of Article 17(1).

6 Moniteur bellt of 1 April 1970, p. 3136; see Article 3(1) of that decree.

7 This reference relates to Regulation No 543/69.

8 Moniteur beige ol 4 June 1987, p. 8640; sec Article 6(1) is regards the repeal of the Royal Decree of 23 March 1970.

9 See Article 3(1).

10 That is, Regulation No 543/69.

11 Sec the judgment in Case 43/71 Potiti v Italy [1971] ECR 1039, paragraph 9.

12 Thus, for example, within Regulation No 3820/85, Article 5(5), the fifth subparagraph of Article 6(1), the first sentence of Article 11(1) and Articles 13 and 17 are directly addressed only to the Member States, whereas Article 16 is addressed to the Community institutions and the Member States.

13 It is true that under Article 4 of Regulation (EEC) No 1463/70 of the Council (OJ English Special Edition 1970 (II), p. 482) the installation of recording equipment has, since 1 January 1978, been compulsory for all vehicles to which the regulation applies, and vehicles fitted with such equipment have been exempted by Article 5 thereof from the application of Article 14 of Regulaūon No 543/69. The latter provision was, however, formally repealed only by Regulation No 3820/85 (first sentence of Article 18(1)).

14 Case C-326/88 Anklagemyndigheden v Hansen & Son [1990] ECR I-2911, at end of paragraph 14.

15 Case 68/88 Commission v Greece [1989] ECR 2969, paragraph 24 of the judgment.

16 Loc. cit., paragraph 17.

17 See Article 2 of the Belgian Law of 18 February 1969, Moniteur belge of 4 April 1969, p. 2988.

18 The Member States may determine the legal nature of the penalties (cf. the Hansen judgment, toc. cit., paragraph 14), which includes the possibility of penalties of a criminal nature (cf. the judgment in Case 50/76 Amsterdam Bulb v Produktschaap voor Siergewassen [1977] ECR 137, at paragraph 32).

19 Case 203/80 Criminal proceedings against Casati [1981] ECR 2595.

20 Paragraph 27 of the judgment.

21 Opinion of 8 December 1987 in Case 299/86 [19881 ECR 1222 and 1223.