Opinion of Advocate General Darmon delivered on 3 May 1994

1 Original language: French.

2 OJ L 298, p. 23.

3 OJ, English Special Edition 1970 (I), p. 201.

4 Special Report on aid to skimmed milk processed into casein and caseinates (OJ 1984 C 41, p. 1).

5 Paragraph 15 of the application.

6 Paragraph 13 of the defence.

7 Paragraph 7 of the application.

8 Two samples are taken from each batch, one for internal analysis and the other for administrative checking if necessary.

9 Case 1251/79 [1981] ECR 205; sec also Case 820/79 Belgium v Commission [1980] ECR 3537.

10 Paragraph 17.

11 Paragraph 12 of the reply; my emphasis.

12 Page 42 of the Summary Report.

13 In the third plea however the applicant requests that the sum of DM 6668 be charged to the Fund precisely because further analyses showed that the product complied with the Community regulation.

14 Paragraph 11 of the application.

15 Ibidem, paragraph 12.

16 Paragraph 18.

17 Commission Regulation of 25 February 1986 amending Regulation (EEC) No 1723/72 on making up accounts for the European Agricultural Guidance and Guarantee Fund, Guarantee Section (OJ 1986 L 48, p. 31).

18 Case 129/84 Italy v Commission [1986] ECR 309, at paragraph 41 of the judgment.

19 Defence, paragraph 31.

20 Annex 5 to the application. See also paragraph 19 of the defence.