Opinion of Advocate General Tesauro delivered on 11 June 1992

1 Origina! language: Italian.

2 OJ, English Special Edition 1965-1966, p. 221.

3 OJ, English Special Edition 1971 (III), p. 826.

4 OJ, English Special Edition 1972 (II), p. 493.

5 As amended by Commission Regulation (EEC) No 2980/78 (OJ 1978 L 355, p. 17).

6 Judgment in Joined Cases 89 and 91/86 Etoile commerciale and CNTA v Commission [1987] ECR 3005.

7 The fact that the day on which the application is lodged is the same as that on which the seeds are placed under control is confirmed, moreover, by the provisions relating to the determination of the amount of the subsidy (see Article 3 of Regulation No 2114/71 and Article 35 of Regulation No 1204/72).

8 That this — in die Commission's view at least — is the significance to be attached to lodging the application for the certificate clearly emerges from the third recital in the preamble to Regulation No 2980/78, which amended Regulation No 1204/72, cited above, in which it is stated that ... the party concerned requests that the oil seeds be placed under control at the oil mill by lodging his application for the ID part of the certificate.

9 In the same context, Article 6(2) of Regulation No 1204/72 provides that the application may be lodged no earlier than the day on which the seeds enter the oil mill.

10 See the judgments in Case C-357/S8 Hoparmann I [1990] ECR I-1669, paragraph 12, and in Case C-358/88 Hopermann II [1990] ECR I-1687, paragraphs 10 and 11.

11 See, most recently, the judgment in Case C-319/90 Pressler [1992] ECR I-203, paragraph 12.