Opinion of Advocate General Jacobs delivered on 15 December 1993

1 Original language: English.

2 OJ, English Special Edition 1962, p. 87.

3 [1991] ECR 1I-1497.

4 In paragraph 27 of its judgment the Court of First Instance cites this part of the letter of 6 March 1990 and indicates that it construes the words those agreements as referring exclusively to agreements between SEP and Gasunie. It seems clear, however, that the Commission was referring to the cooperation code and to the Statoil contract.

5 See paragraphs 6 and 7.

6 Case C-67/91 Asociación Española de Banca Privada [1992] ECR I-4785.

7 K. J. M. Monelmans, Het Ministerie van Economische Zaken: gasbeleid en EEG- mededingingsrecbt, Ars Acqui 1992, p. 277, at pp. 281 and 282.

8 Op. cit. (note 6), at p. 281.

9 Cited in note 5 above, paragraph 39 of the judgment; see also paragraph 26 of my Opinion m that case.

10 Case 306/81 Vernu v Parliament [1983] ECR 1755.

11 Article 48(2) of the Rules of Procedure of the Court of First Instance.