Opinion of Advocate General Tesauro delivered on 2 December 1992

1 Original language: Italian.

2 Council Directive of 15 February 1971 on health problems affecting trade in fresh poultry meat (OJ, English Special Edition 1971 (I), p. 106).

3 Council Directive of 1 December 1983 on the facilitation of physical inspections and administrative formalities in respect of the carriage of goods between Member States (OJ 1983 L 359, p. 8).

4 OJ 1987 L 24, p. 33.

5 Council Regulation of 23 November 1976 laying down common standards for the water content of frozen and deepfrozen chickens, hens and cocks (OJ 1976 L 339, p. 1).

6 Regulation of the Council of 29 October 1975 on the common organization of the market in poultry meat (OJ 1975 L 282, p. 77).

7 It should be remembered that, as appears from the judgment in Case C-332/88 Alimenta [1990] ECR I-2077, paragraph 21, the opinion delivered by a veterinary expert provided for under Article 10 of Directive 71/118/EEC is not decisive or binding but does represent an important factor to be taken into account by the national authorities and any national courts before which proceedings are brought.

8 Judgment in Alimenta, paragraph 17.

9 Case 97/83 Melkunie [1984] ECR 2367, paragraph 18, Case 174/82 Sandoz [1983] ECR 2445, paragraph 16, and Case 272/80 Biologische Produkten [1981] ECR 3277, paragraph 12.

10 See, most recently, Case C-157/91 Commission v Netherlands [1992] ECR I-5899, paragraph 12.

11 Commission Regulation of 30 October 1980 introducing detailed rules for implementing Regulation (EEC) No 2967/76 (OJ 1980 L 288, p. 13).

12 Case 21/84 Commission v France [1985] ECR 1355, paragraph 13, and Case 35/84 Commission v Italy [1986] ECR 545, paragraph 11.