Opinion of Mr Advocate General Darmon delivered on 2 May 1991

1 Original language: French.

2 Regulation adopting general rules for the application of the levy referred to in Article 5c of Regulation (EEC) No 804/68 in the milk and milk products sector (OJ 1984 L 90, p. 13).

3 OJ 1985 L 68, p. 1.

4 OJ 1984 L 132, p. 11. The provisions of that regulation, on this point, were fully incorporated in Regulation (EEC) No 1546/88 of 3 June 1988 (OJ 1988 L 139, p. 12).

5 Emphasis added.

6 Joined Cases 201/85 and 202/85 [1986] ECR 3477.

7 Parigraph 19.

8 Article 3(2) of Regulation No 857/84.

9 Judgment in Joined Cases 279/84, 280/84, 285/84 and 286/B4 Rax v Commission [1987] ECR 1069, paragraph 14; judgment in Case C-359/89 SAFA [1991] ECR I-1677, paragraph 16.

10 Even if it is implicit in many cases concerning Article 86 of che EEC Treaty; see, for example, the judgment in Case 85/76 Hoffmann-La Rochev Commission [1979] ECR 461, paragraph 80.

11 Judgment in Case 44/79 Hauer [1979] ECR 3727, paragraph 32; judgment in Case 265/87 Schroder [1989] ECR 2237, paragraph 15.

12 Paragraph 15.

13 Judgment in Case 230/78 [1979] ECR 2749.

14 Parigraph 22.

15 Judgments in Joined Cases 117/76 and 16/77 Ruckdeschel [1977] ECR 1753 and Joined Cases 124/76 and 20/77 Moulins de Paní-à-Mouilon [1977] ECR 1795.

16 Judgment in Joined Cases 196/88 to 198/88 Cornée [1989] ECR 2309, paragraph 14; judgment in Klensch, above, paragraph 10; judgment in Case 5/88 Wachau) [1989] ECR 2609, paragraph 19.