Opinion of Advocate General Tesauro delivered on 22 September 1992

1 Original language: Italian.

2 OJ 1977 L 26, p. 1.

3 Judgment of 24 March 1992 in Case C-381/89 Eleftheri Evangiliki Ekklisia [1992] ECR I-2111.

4 Judgment of 30 May 1991 in Joined Cases C-19/90 and C-20/90 Karelia and Karellas [1991] ECR I-2691.

5 OJ 1988 L 76, p. 18.

6 Judgments in Case C-21/88 Du Pont de Nemours [1990] ECR I-889, in Case 18/84 Commission v France [1985] ECR 1339, in Case 73/79 Commission v Italy [1980] ECR 1533 and in Case 91/78 Hansen [1979] ECR 935.

7 I am referring in particular to the decisions relating to State aid in the agricultural sector in which the Commission states that even ifit were possible to apply a derogation pursuant to Article 92(3) of the EEC Treaty, the fact that the aid measure in question constitutes an infringement of the common organization of the market precludes the application of a derogation: cf. decisions 90/197/EEC of 4 October 1989, OJ 1990 L 105, p. 15, 89/580/EEC of 21 March 1989, OJ 1989 L 324, p. 26, 89/229/EEC of 21 December 1988, OJ 1988 L 94, p. 43, 88/605/EEC of 8 June 1988, OJ 1988 L 334, p. 22, and 88/39/EEC of 6 May 1987, OJ 1987 L 23, p. 18.