Opinion of Advocate General Darmon delivered on 25 May 1993
1 Original language: French.
2 GURI No 36 of 12 February 1929.
3 Commission observations, p. 3 and 4 of the French translation.
4 Official Bulletin No 15 of the Liguria Region, 6 September 1989, Part 1, p. 1439.
5 Unless the charge is paid in advance the USL apparently refuses to carry out the health inspection. See Circular No 27303/3062 of the Veterinary Department of the region of Liguria of 29 November 1990 annexed io the Commission's observations
6 OJ, English Special Edition 1963 1963, p. 185
7 Directive amending Directive 64/433/EEC on health problems affecting intra Community trade in fresh meat (OJ 1983 L 59, p. 15).
8 Directive concerning veterinary checks in intra Community trade with a view to completion of the internal market (OJ 1989 L 395, p 13).
9 Directive concerning veterinary and zootechnical checks applicable in intra Community trade in certain live animal and products with a view to the completion of the internal market (OJ 1990 L 224, p. 29)
10 Their full text appears in the Report for the Hearing, point 14.
11 Observations of the Italian government in Case C-318/91 and C-319/91, p. 2 of the French translation.
12 Case C-43/71 [1971] ECR 1039.
13 Point 5, emphasis added. The same submission was raised in Case 84/71 Marimex [1972] ECR 89 by the Italian government which at the hearing deferred to the judgment of the Court.
14 Sec Case C-338/85 Pardini [1988] ECR 2041, point 8. See also my Opinion in Case C-24/98 Corbiau [1993] ECR I-1277, at points 8 to 10.
15 P. 4 of the French translation.
16 See Article 22.
17 See Article 26.
18 Ligur Carni request the repayment of charges paid between January 1990 and June 1991. Genova Carni request the repayment of charges paid between February 1989 and September 1991.
19 As to the legal effects of directives before the expiry of the period for implementation, see Case 148/78 Ram [1979] LCR 1629, at para. 43.
20 See, in particular, the third recital in the preamble to Directive 64/433/EEC and first recital in the preamble to Directive 83/90/EEC.
21 See judgment in Joined Cases 2, 3 and 4/82 Delhaae [1983] ECR 2973. para. 14.
22 See judgment in Case 35/76 Simmemthl [1976] ECR 1871, para. 34.
23 Article 3(g) of Directive 64/433/EEC.
24 See sixth recital in the preamble to Directive 64/433/EEC.
25 Article 10(1) as amended by Article 1 of Directive 83/90/EEC.
26 Cited above in footnote 21.
27 Paragraph 19.
28 As amended by Article 1 of Directive 83/90/EEC.
29 Sec paragraph 20 of Simmenthal and paragraphs 12 and 13 or Dethaize.
30 Council Directive 83/643/EEC of 1 December 1983 on the formalities in respect of the carriage of goods between Member States (OJ 1983 L 359, p. 8).
31 See Article 3.
32 Emphasis added; sec also Article 2 of the Directive.
33 Article 2.
34 Sec paragraphs 14 and 17 of the Delhaize judgment, the inspections carried out in the exporting country also relate to the transport of meat and poultry and. consequently, extend to their state of preservation throughout transporta tion, including therefore the lime at which a frontier is crossed (paragraph 17. emphasis added).
35 Sec wording of the second question.
36 GURI No 319 of 18 December 1981.
37 GURI No 68 of 20 March 1985, p. 2153, amended by Decree of the President of the Republic No 312/91, GURI No 233 of 4 October 1991.
38 Case 103/88 Fratelli Costanzo [1989] ECR 1839, para. 29, emphasis added.
39 Case 102/79 Commission v Belgium [1980] ECR 1473, para. 11.
40 See Case 152/84 Marshall [1986] ECR 723, para. 48, and Case C-221/88 ECSC v Bussent [1990] ECR I-495, para. 23.
41 Case C 188/89 Foster [I990J ECR I 3313, para. 20.
42 Cited in footnote 40.
43 Sec Foster, paragraph 15 and Marshall, paragraph 50.
44 Sec Delhaize. paragraph 11
45 Case 190/87 Oberkreisdirecktor des Kreises Borken and Another v Moorman [1988] ECR 4689.
46 Paragraphs 10 and 11.
47 Document 5 annexed to I-igur Carni's observations.
48 Paragraph 22.
49 Sec Case 46/76 Banhais [1977) ECR 5, para. 10.
50 See Case 251/78 Denkavit [1979] ECR 3369, para. 30.
51 Case 161/90 legros [\92 l-XR 14625, para 16.
52 Sec paragraph 10 of the judgment in Case 87/75 limsaani ;1976: l-.CR 129.
53 Ibidem, paragraph 10
54 I keep to the wording ot the question submitted for preliminary ruling and I shall not express a view on whether CO GE MA actually levied charges for services which were neither sought nor rendered, even though there was some discussion on that point. Thai aspect falls to be assessed by the national judge alone
55 Case C-179/90 [1991] ECR I-5889.
56 Ibidem, see paragraph 15.
57 Sec Case 30/87 Bodmn [1988] ECR 2479.
58 Denkavit, paragraph 3, cited in footnote 49. See also Joined Cases 314-316/81 and 83/82 Waterkeyn [1982] ECR 4337 and Mera, paragraph 23, cited in footnote 54.
59 c in this respect paragraph 22. cued in tootnotc 54
60 Joined (ases C 1898: anei C I 76-92 9: 1991 I 4151
61 Paragraph 24
62 Case 16/83, [1984] ECR 1299.
63 Case C-126/91 [1993] ECR I-2361.
64 Paragraph 21.
65 Sec its observations, at p. 3 of the French translation.
66 Sec on that point, the Commission's observations, p. 17 of the French translation.
67 See Case 23/76 Brasserie de Haecht [1967] ECR 526 and Case C 234/89 Delnnmi [1991] ECR I 935.
68 Case 13/83 [1985] ECR 1513.
69 Case C-17/90 [1991] ECR I-5253, para. 12.
70 OJ 1989 L 390, p. 3. The regulation was annulled by the Court's judgment of 16 July 1992 in Case C-65/90 Parliament v Council [1992] ECR I-4593. Its effects are, however, maintained until the Council, after due consultation with the Parliament, has adopted a new regulation in this field.