Opinion of Advocate General Darmon delivered on 16 December 1992

1 Original language: French.

2 Commission Decision 90/627/EEC of 4 July 1990 on loans granted by the Belgian authorities to two shipowners for the purchase of a 34000 m LPG ship and two refrigerator ships (OJ 1990 L 338, p. 21) and Commission Decision 91/375/EEC of 13 March 1991 concerning credits granted by the Belgian authorities to various shipowners for the building of nine vessels — Aid No C 32/90 (ex NN 61/90) (OJ 1991 L 203, p. 105).

3 OJ 1987 L 69, p. 55.

4 Article 92(3)(d).

5 OJ 1987 L 69, p. 55.

6 Article 4(4).

7 Article 3(1).

8 Article 10(2)(a).

9 Article 10(2)(c) and the second subparagraph of Article 4(5).

10 Information 89/C32/06 from the Commission on aid to shipbuilding (OJ 1989 C 32, p. 3).

11 Law of 23 August 1948, Moniteur Belge, 11 September 1948, p. 7288.

12 See above, note 1.

13 It will be recalled that, by orders of the President of the Court: — of 24 February 1992, the two actions were joined for the purposes of the oral procedure and the judgment; — of 8 May 1991 (Order C-356/90 R [1991] ECR I-2423) the Kingdom of Belgium's application for interim relief in the form of the suspension of the operation of the first decision was dismissed.

14 Case 74/76 [1977] ECR 557.

15 Paragraph 14.

16 Case C-35/88 Commission v Greece [1990] ECR I-3125.

17 Case 73/79 [1980] ECR 1533.

18 Case 290/83 Commission v France [1985] ECR 439.

19 Paragraph 17.

20 Opinion, at p. 444.

21 Application in Case C-356/90, p. 7 of the French translation.

22 Application in Case C-356/90, p. 10 of the French translation.

23 Emphasis added.

24 Case 730/79 [1980] ECR 2671.

25 Paragraph 18.

26 Recital VII, third paragraph.

27 Chapter III of Directive 87/167/EEC: Restructuring aid.

28 Article 6(1) of Directive 87/167/EEC.

29 Emphasis added.

30 The second subparagraph of Article 4(5).

31 Paragraph 18 of the judgment in Philip Morris v Commission.

32 Council Directive of 28 April 1981 on aid to shipbuilding (OJ 1981 L 137, p. 39).

33 Article 4(2) of the sixth directive provides in the second subparagraph that the Commission shall pay particular regard to ensure that the aid for the building of small specialized vessels ... is kept at the lowest possible level .... Article 4(3) provides that The ceiling snail be reviewed every 12 months ... with the aim of progressively reducing the ceiling.

34 Case C-301/87 [1990] ECR I-307.

35 Paragraph 19.

36 Paragraph 21.

37 Paragraph 22.

38 Paragraph 23.

39 Case C-61/90 Commission v Greece [1992] ECR I-2407, paragraph 25.

40 Commission's rejoinder in Case C-180/91, p. 3 of the French translation.

41 Case C-89/89 [1990] ECR I-3891.

42 Paragraph 5 of the Report for the Hearing, at p. I-3894.

43 Paragraph 14, emphasis added.

44 Paragraph 15, emphasis added.

45 Case 310/85 [1987] ECR 901.

46 Commission Decision of 4 July 1990, Article 1.

47 Commission Decision of 13 March 1991, Article 1.

48 Joined Cases 296/82 and 318/82 [1985] ECR 809.

49 Paragraph 24.

50 Judgment cited above.

51 Paragraph 22.

52 [1990] ECR I-959.

53 Paragraph 43.

54 Paragraph 24.