Opinion of Mr Advocate General Tesauro delivered on 24 October 1991

1 Original language: Iulian.

2 Official Journal L 250, p. 17.

3 Caie C-106/89 MiHeuing [1990] ECR I-4135, paragraph 8.

4 Cut C-362/88 GBINNO (19901 ECR I-667, paragraph 7; and Caic 286/81 Ooàhoeks Wagnatmaaudappij [1982] ECR 4375, paragraph 15.

5 OJ L 15, p. 16.

6 OJ 1985 C 17, p. 4.

7 OJ 1988 C 281, p. 9.

8 Cue 26/75 [1975] ECR 1367, paragraphs 7, 8, 9 and 12.

9 Cate 31/85 [1985] ECR 3933, paragraph 14.

10 Cate 406/85 [1987] ECR 2525. paragraph 12.

11 [1987] ECR 2717, paragraph 12 to 14.

12 By reason of Regulation (EEC) No 123/85, referred to above, which places a duty on producers co allow dealen to sell at least to the agents of the final consumer.

13 From that standpoint, I cannot share the assertion nude, in my view too peremptorily, in a recent judgment of the French Cour de Cassation of 19 April 1989, according to which a car can be described as new only if it has not already been registered. I do, however, agree with that court's decision to overturn the judgment of the appeal court which had acquitted the seller, and I do so in consideration of the fut that, in that particular case, the seller had not told the buyer at the time of the sale that the registration had already taken place.