C-214/86

OPINION OF MR LENZ — CASE 214/86

2. According to Article 8 (1) of Regulation mation leading it to doubt the effec­ No 729/70 on the financing of the tiveness of the national verifications. common agricultural policy the Member States must satisfy themselves that trans­ actions financed by the EAGGF are 3. When the Commission refuses to charge actually carried out and are executed certain expenditure to the EAGGF on correctly. Although it is not the duty of the ground that it was incurred as a the Commission to check the regularity result of breaches of Community rules of each intervention measure when it is imputable to a Member State, it is for carried out, on the other hand it is that Member State to show that the entitled to use the power of supervision conditions are satisfied for obtaining the conferred on it by Article 9 at any time financing disallowed by the Commission and in particular when it receives infor­ (see judgment in Case 347/85, supra).

OPINION OF THE ADVOCATE GENERAL

Mr Advocate General Lenz delivered his Opinion on 22 November 1988. * He proposed that the Court should :

(1) Dismiss the application.

(2) Order the applicant to pay the costs.