Opinion of Advocate General Darmon delivered on 9 June 1992

1 Original language: French.

2 Council Regulation (EEC) No 355/77 of 15 February 1977 on common measures to improve the conditions under which agricultural products are processed and marketed (OJ 1977 L 51, p. 1).

3 OJ, English Special Edition 1959-1962, p. 126.

4 Article 1(1) of Regulation No 729/70 of the Council of 21 April 1970 on the financing of the common agricultural policy (OJ, English Special Edition 1970 (I), p. 218).

5 See Jurisclasseur Europe, Vol. 1330, section 2.

6 Regulation No 729/70 of the Council, Article 1(3).

7 Ibid., Article 6.

8 See Article 1(2) of Regulation No 355/77.

9 Ibid., Article 16(3).

10 Ibid., Article 17(2).

11 Sec the third recital in the preamble to Regulation No 729/70.

12 Article 13(1) of Regulation No 355/77.

13 Ibid., Article 13(3).

14 Lodged under No 90.41. IT.153.0.

15 Annex I to the defence.

16 Ibid., Annex II.

17 Ibid., Annexes II, III and IV, and document No 14 annexed to the application.

18 Document No 4 annexed to the application.

19 Read non-contractual.

20 See the application, p. 5 of the French translation.

21 See, to that effect, the orders in Case -I6/81 Benvenuto [1981] ECR 809 and Case 142/83 Nevas v Social Welfare Fund for Lawyers, Athens [1983] ECR 2969.

22 See document No 4 annexed to the application.

23 See the reply, pp. 6 and 7 of the French translation.

24 Rejoinder, p. 3 of the French translation.

25 See in particular Articles 19(2), 20(1) and 22(1) of Regulation No 355/77. See also Article 8(1) of Regulation No 729/70, which provides that the Member States are to satisfy themselves that transactions financed by the Fund are actually carried out and are executed correctly.

26 Reply, p. 9 of the French translation.

27 Case 222/84 Johnston v Chief Constable of the Royal Ulster Constabulary [1986] ECR 1651 and Case 222/86 UNECTEF V Heylens [1987] ECR 4097.

28 See the order in the Benvenuto case, cited in footnote 20.

29 Judgment of 26 February 1986 in Case 175/84 Krohn v Commission [1986] ECR 753, paragraph 32, emphasis added.

30 See also Case 5/71 Aktien-Zuckerfabrik Schõppenstedt v Council [1971] ECR 975, paragraph 3, and Case 43/72 Merkur v Commission [1973] ECR 1055, paragraph 4).