Opinion of Advocate General Van Gerven delivered on 16 December 1993

1 Original language: Dutch.

2 The MGVO was adopted on 25 May 1984 (BGBl 1984, I, p. 720). The latest version of the MGVO, according to the Commission, dates back to 16 July 1992 (BGBl 1992, I, p. 1324).

3 Council Regulation (EEC) No 856/84 of 31 March 1984 amending Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products (OJ 1984 L 90, p. 10). Council Regulation (EEC) No 857/84 of 31 March 1984 adopting general rules for the application of the levy referred to in Article 5c of Regulation (EEC) No 804/68 in the milk and milk products sector (OJ 1984 L 90, p. 13).

4 See the fourth and fifth recitals in the preamble to Regulation No 856/84.

5 Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (OJ, English Special Edition (1968), I, p. 176).

6 Judgment in Joined Cases 201/85 and 202/85 [1986] ECR 3477, at paragraph 8.

7 Judgment in Joined Cases 117/76 and 16/77 Ruckdeschel [1977] ECR 1753, at paragraph 7. Recendy confirmed, inter alia, by the judgment in Joined Cases 279/84, 280/84, 285/84 and 286/84 Rau [1987] ECR 1069, at paragraph 28; in Case 84/87 Erpelding [1988] ECR 2647, at paragraph 29; in Joined Cases C-267/88 and C-285/88 Wuidart [1990] ECR 1-435, at paragraph 13; in Case C-177/90 Kühn [1992] ECR 1-35, at paragraph 18; and in Case C-311/90 Hierl [1992] ECR 1-2061, at paragraph 18.

8 Judgment in Case 230/78 Eridania [1979] ECR 2749, at paragraph 18.

9 Judgment in Case 283/83 Racke [1984] ECR 3791, at paragraph 7; judgment in Erpelding, cited above, at paragraph 29; ludgment in Case C-85/90 Dowling [1992] ECR 1-5303, at paragraph 21. On that point, in connection with Article 119 of the EEC Treaty, see paragraph 12 of my Opinion in Case C-132/92 Roberts [1993] ECR 1-5579, at 1-5588.

10 Judgment in Rau, cited above, at paragraph 28; see, in addition, the judgment in Erpelding, cited above, at paragraph 29; the judgment in Wmdart, cited above, at paragraph 13. In paragraph 7 of its judgment in Rttckdescbel, the Court had already mentioned the possibility of justification on objective grounds. For the complete reference to those judgments, see footnote 6.

11 Council Reguládon (EEC) No 1468/81 of 19 May 1981 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs or agricultural matters (OJ 1981 L 144, p. 1); amended by Council Regulation (EEC) No 945/87 of 30 March 1987 (OJ 1987 L 90, p. 3).

12 Judgment in Erpelding, cited in footnote 6, at paragraph 30; judgment in Case 113/88 Leukbardt [1989] ECR 1991, at paragraph 19; judgment in Kühn, also cited in footnote 6, at paragraph 18; judgment in Dowling, cited in footnote 8, at paragraph 23.

13 See the judgment in Erpelding, cited above, at paragraph 28. See also paragraph 11 of my Opinion of 19 May 1993 in Case C-120/92 Schulz [1993] ECR 1-6885, at 1-6894.