Opinion of Advocate General Darmon delivered on 19 April 1994

1 Original language: French.

2 Judgment in Case C-185/91 [1993] ECR I-5801.

3 As published on 8 January 1969, BGBl I, p. 65.

4 Paragraphs 15 and 19 of the judgment.

5 Paragraphs 20 and 23.

6 Operative part of the judgment.

7 Letter of 30 December 1993.

8 Ibid.

9 See paragraphs 82 and 84 to 104 of the Opinion.

10 See paragraphs 105 to 129 of the Opinion.

11 Paragraph 129.

12 Paragraph 17.

13 Paragraphs 18 and 19.

14 Paragraph 21.

15 Paragraph 22.

16 My emphasis. The German Government cites in this respect the remuneration for transport of gravel from the Upper Rhine fixed directly by Ministerial Order following an inappropriate decision of the inland waterway freight commission. The Federal Minister has in the past been able to address directives to the commissions. A letter of 26 April 1991 thus encouraged them to show greater flexibility (observations of the German Government, paragraphs 21 and 23).

17 Case 123/83 BNIC v Clair [1985] ECR 391.

18 Paragraph 126 of the Opinion.