Opinion of Mr Advocate General Darmon delivered on 29 May 1991
1 Original language: French.
2 OJ 1979 L 6, p. 24.
3 See, for example, judgments in Case 151/87 Bakker[i9B8] ECR 2009; in Case 293/88 Wmler-Lulzim [1990] ECR I-1623.
4 Case 275/81 [1982] ECR 3013.
5 Paragraph 5.
6 Judgmem in Joined Cases 48/88, 106/88 and 107/88 [1989] ECR 1963; Opinion, paragraph 2, at p. 1977.
7 Loc. cit., p. 1977, paragraph 3.
8 Paragraph 11.
9 Sec the combined effect of Articles 2 and 3 of the Community directive.
10 Case 166/73 [1974] ECR 33.
11 Paragraph 3, emphasis added.
12 Judgment in Case 111/75 Mazzalai [1976] ECR 657, paragraph 7.
13 Judgment in Case 106/77 [1978] ECR 629.
14 Paragraph 16.
15 Paragraph 20.
16 Paragraph 24, emphasis added.
17 Judgment in Case 71/85 /NVĮ1986] ECR 3855.
18 Judgment in Case C-106/89 Marleasing [1990] ECR I-4135.
19 Judgments in Case 14/83 Von Koison and Kamann [1984] ECR 1891 and in Case 79/83 Harz [1984] ECR 1921; judgment in Case 157/86 Murphy [1988] ECR 673.
20 Judgment in Case 80/86 Kolpinghuii Nijmegen [1987] ECR 3969, paragraph 15.
21 Judgments in Case 177/88 [19901 ECR I-3941 and Case 179/88 [1990] ECR I-3979; Opinion, paragraphs 7 to 15.
22 Judgment in Case 60/75 Russo (1976] ECR 45; sec, in thai respect, Case C-6/90 Francovich [1991] ECR I-5357.
23 Judgment in Case 152/84 [1986] ECR 723.
24 Judgment in Case C-188/89 [1990] ECR I-3313.
25 Case C-106/89, cited above, at paragraph 8.
26 Case 106/77, cited above, paragraph 16; see also judgment in Case 13/68 Salgoil [Wbt] ECR 453, at pp. 462-463.
27 Kovar, R.: Uinvocabilite du droit communautaire devant les juridictions nationales in L'avocat et l'Europe des 12 et des 21, Actes du XIIc congres de l'association française des centres de formation professionnelle du barreau, 1988, p. 187.
28 Case 13/68, cited above, pp. 462-463.
29 Case 106/77, cited above, paragraph 16, emphasis added.
30 Paragraph 24, emphasis added.
31 Case C-106/89, cited above, paragraph 8.
32 Joined Cases 48/88, 106/88 and 107/88, supra.
33 Paragraph 10.
34 Loc. cit. paragraph 15.
35 Loc. cit., paragraph 9.
36 See the Repon for the Hearing in Bakker [1988] ECR 2009, at p. 2010, and the factual part of the judgment in Koks [1982] ECR 3013, at p. 3015-3016; it is apparent, according to the account given by the Netherlands Government at the hearing, that the pension was paid directly to a married woman when her husband was not himself entitled to a pension under the Algemene Ouderdomswet, when the marriage had taken place after the pension had become payable, and finally when the woman was considered to be the head of the family, which would cover the case where the husband had died.
37 However, see judgment in Case 109/88 Handels og Kontorfunktionaeremes forbund i Danmark [1989] ECR 3199, in which the main proceedings were between two unions.
38 Judgments in Case 222/84 Johnston [1986] ECR 1651 and in Case 222/86 Heylens [1987] ECR 4097.
39 Judgment in Case 199/82 San Giorgio [1983] ECR 3595, paragraph 12.
40 Loc. cit. paragraph 3.
41 Loc. cit., paragraph 10; see paragraph 24 of this Opinion.
42 Paragraph 12 of its written observations.
43 Judgment in Case 80/87 [1988] ECR 1601.
44 Paragraph 9.
45 Judgment in Cast 71/85 FNV [1986] ECR 3855, paragraphs 21 and 22; judgment in Case 286/85 McDermott and Cotter [1987] ECR 1453, paragraphs 18 and 19; judgment in Case 384/85 Borrir Clarke [1987] ECR 2865, paragraph 10.
46 Cases 286/85, 71/85 and 80/87, cited above.
47 Case 384/85, cited above.
48 OJ 1986 L 225, p. 40.
49 Judgment in Case C-262/88 Barber [1990] ECR I-1889.
50 In fact it is to apply with effect from the date of pronouncement of that judgment, since the Court restricted the effects ratione temporis of the judgment, except in the case of those who had initiated legal proceedings or raised an equivalent claim.
51 Case 262/88, cited above, paragraph 44.
52 Paragraph 26.
53 Case 384/85, loc. cit. at p. 2872, paragraph 30.
54 Judgment in Case C-377/89 CoKer and McDermotl [1991] ECR I-1155, paragraph 22.
55 Paragraph 27.
56 Judgments in Case 43/75 De/renne [1976] ECR 455 (the second Defrenne case) and Case C-262/88, cited above.
57 Case C-262/88, loc. cit. paragraph 35.
58 Judgment in Case 19/81 [1982] ECR 555.
59 Case 275/81, cited above, factual part of the judgment, at p. 3019.
60 Case 275/81, cited above, paragraph 11, emphasis added.