Opinion of Mr Advocate General Darmon delivered on 17 January 1992

1 Original language: French.

2 Regulation temporarily suspending the autonomous Common Customs Tariff duty on certain industrial products (OJ 1988 L 329, p. 1), extended by Council Regulation (EEC) No 1656/89 of 29 May 1989 temporarily suspending the autonomous Common Customs Tariff duty on certain industrial products (OJ 1989 L 167, p. 1).

3 See Table II, CN code ex 8536 5000, in the Annex to Regulation No 3696/88 and the Annex, CN code ex 8536 5000, to Regulation No 1656/89.

4 See, on that point, the judgment in Case 161/88 Binder v Hauptzollamt Bad Reichenhall [1989] ECR 2415, at paragraph 19.

5 Commission Communication 89/C 235/02 concerning autonomous tariff suspensions (OJ 1985 C 235, p. 2), published while Regulation No 1656/89 was in force.

6 Ibid., p. 3, paragraphs 2.4.1 and 2.4.2, emphasis added.

7 Ibid., p. 3, paragraph 2.5.1, emphasis added.

8 Judgment in Joined Cases 146, 192 and 195/81 BayWa v BALM [1982] ECR 1503, at paragraph 10.

9 See Article 201 of the Treaty and Article 2 of Council Decision of 7 May 1985 on the Communities' system of own resources (OJ 1985 L 128, p. 15).

10 Judgment in Case 58/85 Ethicon v Hauptzollamt Itzehoe [1986] ECR 1131.

11 Ibid., at paragraph 10.

12 Paragraphs 12, 13 and 19 of the ahovemcntioned judgment, emphasis added.

13 It is worth noting that the tack of availability, or availability in insufficient quantities, on the Community market of switches containing no mercury is not evidenced by any of trie documents before the Court.

14 P. 7 of the French version of the Commission's observations, emphasis added.

15 Article 28 of die EEC Treaty.