Opinion of Mr Advocate General Darmon delivered on 17 November 1993

1 Original language: French.

2 Case 2/73 Riseria Litigi Geddo v Ente Nazionale Risi [1973] ECR 865.

3 GURI (Official Gazette of the Italian Republic) of 12 October 1931, No 236.

4 Article 1.

5 On the tasks of the Authority, see its observations at p. 13 et seq. of the French translation.

6 See Article 9 of Royal Decree-Law No 1183 of 11 August 1933, GURI, No 218 (Annex 8 to the Authority's observations).

7 See the abovementioned judgment at p. 867.

8 OJ, English Special Edition 1967, p. 193.

9 At points 4 and 5.

10 At points 5 and 6.

11 Ibid., my italics.

12 OJ1976 L 166, p. 1.

13 Article 30 (1) of Regulation No 1418/76/EEC.

14 See the observations of the companies, plaintiffs in the main proceedings, at p. 15 of the French translation.

15 Observations, pp. 2 and 3 of the French translation.

16 Observations, p. 1 of the French translation.

17 Judgment in Case 43/71 Poliu [1971] ECR 1039.

18 Point 5.

19 Sec also the judgment in Case 338/85 Panimi [1988] ECR 2041 at paragraph 8. Sec also my Opinion in Case C-24/92 Corbiaii [1993] ECR I-1277, at I-1287, paragraphs 8 to 10, and in Case C-277/91, C-318/91 and C-319/91 Ligur Carm [1993] ECR I-6621, at I-6632, at paragraph 14.

20 Cases C-13/91 and C-113/91 Debus [1992] ECR I-3617, at paragraph 8.

21 Judgment in Joined Cases 28/62,29/62 and 30/62 Da Costi [1963] ECR31, at p. 38.

22 Judgment in Case C-186/90 Durighello [1991] ECE at paragraph 8.

23 Observations of the defendant in the main proc p. 12 of the French translation.

24 Judgment in Case 112/75 Hirardin [1976] ECR 553, at paragraph 8.

25 See paragraph 16 of the judgment in Case C-281/87 Commission 0 v Hellenic Republic [1989] ECR 4015.

26 Geddo, at p. 888.

27 See judgment in Case 203/86 Spain v Contici! [1988] ECR 4563, at paragraph 25, my italics.

28 On this point, see the Opinion of Mr Advocate General Trabucchi in Case 2/73 Geddo [1973] ECR 881, in particular at p. 890.

29 Point 4.

30 Observations oí tlie plaintiffs in the main proceedings, p. 13 of the French translation. Sec also p. 22 et seq.

31 Sec the third and fourth recitals to and the first title of Council Regulation (EEC) No 1418/76.

32 See the seventh recital to Council Regulation (EEC) No 1418/76: Whereas the target price, intervention prices and threshold prices should, in the course of the marketing year, be subject to a certain number of monthly increases in order to take account, inter alia, of storage costs and interest charges for storing rice in the Community and of the need to ensure that the disposal of stocks conforms to market requirements.

33 See the Commission' reply to the first question asked by the Court.

34 Joined Cases 36 and 71/80 Irish Creamery Milk Suppliers Association [1981] ECR 735.

35 Paragraph 20.

36 Ibid. and paragraph 19.

37 Paragraph 20. On the subject of a parafiscal storage charge levied also on imported goods, see the judgment in Case C-235/90 Aliments Morvan [1991] ECR I-5419.

38 Decision of the court making the reference, in Joined Cases C-333/92 and C-335/92, at p. 3 of the French translation.

39 Observations of the Commission, at p. 7 of the French translation.

40 Geddo judgment, point 6.

41 Ibid., points 5 and 6.

42 Judgment in Case 86/78 Peureux [1979] ECR 897, at paragraphs 32 and 33.

43 See, on this point, the Opinion of Mr Advocate General Mischo for the Morvian judgment cited above, at paragraph 51.

44 The second paragraph of point 6, and paragraph 2 of the operative part.

45 Geddo, at p. 891.

46 Observations of the Italian Government, p. 4 of the French translation.

47 See Geddo judgment, last paragraph of point 5.

48 Ibid., point 6.

49 Which, moreover, was already in existence when the export refunds were established.

50 Observations, pp. 8 and 17 of the French translation.