Opinion of Advocate General Van Gerven delivered on 15 October 1992

1 Original language: Dutch.

2 OJ 1987 L 226, p. 2.

3 According to Article 3(1)(a) of the Convention, transit means a customs procedure under which goods are carried, under customs control, from a customs office in one country to a customs office in the same or another country over at least one frontier.

4 Council Regulation (EEC) No 222/77 of 13 December 1976 on Community transit, OJ 1977 L 38, p. 1.

5 OJ 1987 L 226, p. 1.

6 See Article 18 of Regulation No 222/77.

7 See point 4 of the Minutes of the meeting, Annex I to the Commission's written observations.

8 See the judgment of 30 April 1974 in Case 181/73 Haegeman v Belgium [1974] ECR 449, at paragraph 5; see also the judgments of 30 September 1987 in Case 12/86 Demirel [1987] ECR 3719, at paragraph 7, 14 November 1989 in Case 30/88 Greece v Commission [1989] ECR 3711, at paragraph 12, and 20 September 1990 in Case C-192/89 Sevince [1990] ECR I-3461, at paragraph 8; see, more recently still, the Opinion of 14 December 1991, Opinion 1/91 [1991] ECR I-6079, at paragraph 37.

9 Judgment in Haegeman, at paragraphs 4 and 6; judgment in Demirel, at paragraph 7; Opinion 1/91, at paragraph 38.

10 Judgment in Sevince, at paragraph 9; judgment in Greece v Commission, at paragraph 13.

11 Judgment of 27 September 1988 in Case 204/86 Greece v Cornial [1988] ECR 5323, at paragraph 20; judgment in Greece v Commission, at paragraph 13.

12 Judgment in Sevince, at paragraph 9.

13 Judgment in Sevince, at paragraph 10.

14 See the judgments of 15 June 1976 in Case 113/75 Frecassetti v Amministrazione delle Finanze dello Stato [1976] ECR 983, 9 June 1977 in Case 90/76 Van Ameyde [1977] ECR 1091, and 13 December 1989 in Case 322/88 Grimaldi v Fonds des Maladies Professionnelles [1989] ECR 4407, at paragraph 9.

15 Judgment in Grimaldi, at paragraph 8.

16 Ibid., at paragraph 19.

17 With regard to a power of definition of that kind, see also my Opinion in Case 14/88 Italy v Commission [1989] ECR 3689, at pp 3694-3695 (paragraph 13), which was concerned with a power of application or definition conferred on the Commission by Regulation (EEC) No 729/70.

18 See Article 19 of the Convention.

19 See the first recital in the preamble to the Council Decision of 15 June 1987, OJ 1987 L 226, p. 1.

20 Shell claims that, according to the Federal Ministry of Finance, the special rules recommended for Austria and Switzerland in the contested act are generally applicable and therefore extend to trade with other EFTA countries as well. The national court has not submitted a question on that point. It is not for the Court to rule on the proportionality of that national measure which is more far-reaching (than the recommendations of the Joint Committee).

21 Sec paragraph 11, above.