Opinion of Mr Advocate General Darmon delivered on 13 October 1993

1 Original language: French.

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

3 Council Regulation (EEC) No 3632/85 of 12 December 1985 denning the conditions under which a person may be permitted to make a customs declaration (OJ 1985 L 350, p. 1).

4 Supplemento ordinano allit Gazzetta Ufficiale della Repubblica Italiana, No 80 of 28 March 1973.

5 Case 159/78 Commission v Italy [1979] ECR 3247.

6 I — Facts and procedure.

7 Judgment in Case 94/77 [1978] ECR 99.

8 Paragraph 24.

9 Paragraph 25.

10 Paragraph 26.

11 Judgment in Case 74/86 [1988] ECR 2139.

12 Point 10.

13 French translation of the application, p. 14.

14 French translation of the reply, p. 8.

15 Paragraph 14, emphasis added.

16 Paragraph 12.

17 Paragraph 14.

18 Annex IV to the reply, p. 1.

19 OJ 1988 L 102, p. 5.

20 This states as follows: (...) there exist in certain Member States rules limiting pursuit of the occupation of making customs declarations cither in the name of another person or in one's own name but on behalf of another person, to persons fulfilling certain conditions, or which make the possibility for undertakings to use the services of paid employees specializing in making customs declarations on behalf of those undertakings subject to the condition that those employees have a suitable professional qualification; whereas, in so far as such rules concern access to and the pursuit of a specific occupation, this regulation docs not prevent their being maintained in force;

21 Ninth recital.

22 Commission Regulation (EEC) No 1062/87 on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure (OJ 1987 L 107, p. 1).

23 French translation of the reply, p. 19.

24 Emphasis added.

25 Sec, on this point, the Opinion of Advocate General Tesauro in Case C-323/90 Commission v Portugal [1992] ECR I-1887, at p. 1898.

26 French translation of the application, p. 26.

27 Judgment in Joined Cases 2 and 3/69 [1969] ECR 211. Sec also the judgment in Case 87/75 Bránam [1976] ECR 129.

28 Paragraph 18.

29 P. 33 of the French translation of the application. Cf. Also the points made on p. 25 of the French translation of the application.

30 Document SEC (92) 887 final.

31 Paragraph 14.

32 P. 11 of the French translation of the rejoinder.