Opinion of Advocate General Lenz delivered on 11 June 1992

1 Original language: German.

2 Council Directive of 31 July 1981 concerning the prohibition of certain substances having a hormonal action and of any substances having a thyrosutic action, OJ 1981 L 222, p. 32.

3 Council Directive of 7 March 1988 prohibiting the use in livestock farming of certain substances having a hormonal action (OJ 1988 L 70, p. 16), which replaces Directive 85/649/EEC (OJ 1985 L 382, p. 228).

4 Council Directive of 17 May 1988, OJ 1988 L 128, p. 36.

5 Judgment in Case 148/78 Pubblico Ministero v Ratti [1979] ECR 1629, at paragraph 33.

6 Judgment in Case 216/84 Commission v France [1988] ECR 793, at paragraph 18; judgment in Case 407/85 3 Glocken GmbH and Another v USL Centro-Sud and Another [1988] ECR 4233, at paragraph 26, and judgment in Case 274/87 Commissionv Germany [1989] ECR 229, at paragraph 21.

7 Cf. Articles 4 and 5 of Directive 81/602.

8 Judgment in Case 203/80 Casati [1981] ECR 2595, at paragraph 27.

9 Document 84/C170/03, OJ 1984 C 170, p. 4.

10 Seventh recital in the preamble and Article 1.

11 Council Directive of 31 December 1985, OJ 1985 L 382, p. 228.

12 Council Directive of 7 March 1988, OJ 1988 L 70, p. 16.

13 See the third recital in the preamble to Directive 88/146.

14 Council Directive of 17 May 1988, OJ 1988 L 128, p. 36.

15 The first sentence of Article 2 of Directive 88/299.

16 Council Regulation of 26 June 1990, OJ 1990 L 224, p. 1.

17 Case 148/78 Ratti [1979] ECR 1629, at paragraph 33 of the judgment.

18 Council Directive of 16 September 1986 concerning the examination of animals and fresh meat for the presence of residues, OJ 1986 L 275, p. 36. The same scheme is to be found in the Treaty provisions relating to Community environmental policy (Article 130t of the EEC Treaty).

19 Directive 88/146, OJ 1988 L 70, p. 16.

20 See judgments in Case 216/84 Commission v France [1988] ECR 793, at paragraph 18; Case 407/85 3 Gbáen [1988] ECR 4233, at paragraph 26; Case 274/87 Commission v Germany [1989] ECR 229, at paragraph 21.

21 Paragraph 18 of the judgment in Case 216/84, cited above.

22 Regulation (EEC) No 805/68 of the Council of 27 June 1968, OJ, English Special Edition 1968 (I), p. 187.

23 Directives 81/602 and 88/146.

24 See Article 30 et seq. of the EEC Treaty.

25 Directive 81/602: Directive 85/358; Directive 86/469, on which Directive 88/299 is based; Regulation No 805/68; and Regulation No 2377/90.