Opinion of Advocate General Van Gerven delivered on 18 May 1994

1 Original language: French.

2 Council Regulation (EEC) No 2959/82 of 4 November 1982 laying down general rules in respect of production aid for olive oil for the 1982/83 marketing year (OJ 1982 L 309, p. 30).

3 Council Regulation (EEC) No 2261/84 of 17 July 1984 laying down general rules on the granting of aid for the production of olive oil and of aid to olive oil producer organizations (OJ 1984 L 208, p. 3).

4 As is clear from its title Regulation No 2959/82 applies to the 1982/83 marketing year whereas Regulation (EEC) No 2261/84 applies as from the 1984/85 marketing year.

5 See paragraph 1 of Article 20c of Regulation No 136/66/EEC of the Council of 22 September 1966 on the establishment of a common organization of the market in oils and fats (OJ 172, English Special Edition 1965-1966, p. 221), as amended by Council Regulation (EEC) No 1917/80 of 15 July 1980.

6 Council Regulation (EEC) No 1413/82 of 18 May 1982 amending Regulation No 136/66/EEC on the establishment of a common organization of the market in oils and fats (OJ 1982 L 162, p. 6).

7 The Member States concerned shall determine the procedure for payment of the aid and the advance by producer organizations to their members.

8 GURI No 28 of 28 January 1984.

9 GURI No 17 of 21 January 1985.

10 The provision is identical to that contained in the first decree, save that the words recognized producer organizationsare replaced by the recognized associations of producer groups in the second decree.

11 Regulation (EEC) No 729/70 of the Council of 21 April 1970 on the financing of the common agricultural policy (OJ, English Special Edition, 1970 (I) p. 218).

12 In the version in force when proceedings were instituted before the national court, that is to say prior to the amendment made by Council Regulation (EEC) No 3183/87 of 19 October 1987 introducing special rules for the financing of the common agricultural policy (OJ 1987 L 304, p. 1).

13 Article 12 concerns refunds on exports to third countries.

14 Article 3 concerns intervention intended to stabilize the agricultural markets.

15 Commission Regulation (EEC) No 380/78 of 30 January 1978 on the operation of the system of advances in respect of expenditure financed by the Guarantee Section of the EAGGF (OJ 1978 L 56, p. 1). That regulation was in force from 1 January 1978 to 30 November 1983 (repealed by Regulation (EEC) No 3184/83).

16 Commission Regulation (EEC) No 3184/83 of 31 October 1983 on the operation of the system of advances in respect of expenditure financed by the EAGGF Guarantee Section (OJ 1983 L 320, p. 1). That regulation was in force as from 1 December 1983. Several of its provisions were identical to those of Regulation No 380/78. That is the case of Article 1, quoted above.

17 Council Reguladon (EEC) No 1360/78 of 19 June 1978 on producer groups and associations thereof (OJ L 166, p.l).

18 Seventh recital in the preamble to Regulation No 1360/78, cited above.

19 Council Regulation (EEC) No 1917/80 of 15 July 1980 amending Regulation No 136/66/EEC on the establishment of a common organization of the market in oils and fats and supplementing Regulation (EEC) No 1360/78 on producer groups and associations thereof (OJ 1980 L 186, p. 1).

20 Cited above, footnote 5.

21 Fourth recital in the preamble to, and Article 1 of, Regulation (EEC) No 1917/89, cited above.

22 Eighth recital in the preamble to Regulation No 1917/80, cited above. Different rules deal with the consumption of olive oil.

23 The wording of Article 1 of both of those regulations is identical.

24 Provision equivalent to the first paragraph of Article 6(2) of Regulation No 2959/82, cited above.

25 Cited above, footnote 10.

26 See, for example, the judgment in Case C-366/88 France v Commission [1990] ECR I-3571 with regard to the detailed rules for supervision, and the judgment in Joined Cases 205/82 to 215/82 Deutsche Milcbkontor v Germany [1983] ECR 2633 with regard to recovery of aid unduly paid.

27 Cited above, footnote 10.

28 Judgment in Joined Cases 146/81, 192/81 and 193/81 BAYWA v BALM [1982] ECR 1503, paragraph 29.

29 Cited above, footnote 25, paragraph 17 of the judgment.