Opinion of Advocate General Lenz delivered on 15 July 1993

1 Original language: German.

2 OJ, English Special Edition 1965-1966, p. 20.

3 OJ 1975 L 147, p. 13.

4 Sec also now Council Directive 92/73/EEC of 22 September 1992 on the extension of the scope of application of Directives 65/65/EEC and 75/319/EEC to the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products and on additional provisions for homeopathic medicinal products (OJ 1992 L 297, p. 8). This Directive is the subject of the action pending before the Court in Case C-437/92 Guna v Council.

5 OJ 1992 L 113, p. 8.

6 The text of this Law is reproduced in the Supplemento Ordinario of the Official Journal of the Italian Republic (GURI) 61, 14.3.88.

7 [1984] ECR 251, paragraph 10.

8 See the similar problem raised by Advocate General Jacobs in his opinion of 16 June 1993 in Case C 212/91 Angelopbarm (not yet published in ECR), at paragraph 70. There trie question was whether a national court could treat as invalid a national provision which was adopted in order to implement a directive, if the grounds of invalidity arise from national law.

9 Judgment in Case C-106/89 Marleasing v La Comercial Internacional de Alimentación [1990] ECR I-4135, at paragraph 8; settled case-law.

10 Sec paragraph 4 above. It should be observed that this dircc live replaced the labelling provisions which were originally included in Directive 65/65 (see Articles 13 to 20).

11 See the judgment in the Marleasing case cited above (paragraph 14).

12 GURI 139, 15.6.91, p. 3.

13 See A. M. Sandulli, Manuale di Diritto Amministrativo, 14th edition, Naples 1984, p. 162 ff.; P. Virga, Diritto Amministrativo, Volume 2, 2nd edition, Milan 1992, p. 162 ff..