Opinion of Advocate General Van Gerven delivered on 24 March 1994

1 Original language: French.

2 Treaty (signed on 12 June 1985) between the Member Sutes of the European Community and the Kingdom of Spain and the Portuguese Republic concerning the accession of the Kingdom of Spain and the Portuguese Republic to the European Economic Community and to the European Atomic Energy Community, OJ 1985 L 302, p. 9.

3 Council Decision 87/224/EEC of 30 January 1987 concerning the Agreement between the European Economic Community and the United Sutes of America for the conclusion of negotiations under GATT Article XXIV.6, OJ 1987 L 98, p. 1.

4 Council Regulation (EEC) No 2913/86 of 16 September 1986 introducing a derogation to Regulation (EEC) No 2727/75 as regards the import levy applicable to certain quantities of maize and grain sorghum, OJ 1986 L 272, p. 1.

5 Regulation (EEC) No 2727/75 of the Council of 29 October 1975 on the common organization of the market in cereals, OJ 1975 L 281, p. 1.

6 Commission Regulation (EEC) No 3140/86 of 15 October 1986 on the issuing of an invitation to tender for the levy on imports of maize and sorghum from third countries, OJ 1986 L 292, p. 27.

7 Council Regulation (EEC) No 1799/87 of 25 June 1987 on special arrangements for imports of maize and sorghum into Spain from 1987 to 1990, OJ 1987 L 170, p. 1.

8 Commission Regulation (EEC) No 2059/87 of 13 July 1987 setting implementing rules for the special arrangements for maize and sorghum imports into Spain during the period 1987 to 1990, OJ 1987 L 193, p. 6.

9 Commission Regulation (EEC) No 3593/86 of 26 November 1986 on the granting of a subsidy for the import of maize into Spain, OJ 1986 L 334, p. 21.

10 See the judgments in Case 245/81 Edeka v Germany [1982] ECR 2745, paragraph 27, Case 52/81 Faun v Commission [1982] ECR 3745, paragraph 27, Joined Cases 424/85 and 425/85 Frico v Voedsehoorzienings In-en Verkoopbureau [1987] ECR 2755, paragraph 33, Case 350/88 Delacre and Others v Commission [1990] ECR I-395, paragraph 33, and Joined Cases C-258/90 and C-259/90 Pesquerías De Bermeo and Naviera Laida v Commission [1992] ECR I-2901, paragraphs 34, 35 and 36.

11 Judgment in Case C-350/88, Delacre, cited above, paragraph 36.

12 See the judgment in Case 281/92 Unifrex v Commission and Council [1984] ECR 1969, paragraphs 26 and 27, on the effect of traders' presumed knowledge of Council negotiations on the existence of legitimate expectations.

13 See above, paragraph 4.

14 See above, paragraph 6.

15 See above, paragraph 5.

16 The defendant took it from page 5 of SENPA's weekly publication for the last week of March 1987, Mercados Nacionales, as specified on page 15 of its application to the national court.

17 OJ 1985 L 205, p. 5.

18 OJ 1987 L 113, p. 31. This amending regulation which dates from after the time when the security at issue in the present case was lodged, merely makes express provision for the possibility of relying on force majeure.

19 See most recently the judgment in Case C-124/92 An Bord Bainne and Inter-Agra v Intervention Board for Agricultural Produce [1993] ECR I-5061, paragraph 11.