C-18/89

OPINION OF MR LENZ —CASE C-18/89

subparagraph of Article 40(3) of the Treaty production refunds in respect of products if no refund could be granted for the inter- intended for the manufacture of isoglucose mediate product which they use. It follows when that isoglucose is to be used as an that Article 5a of Regulation N o 2742/75, intermediate product, not intended for properly construed, does not prohibit marketing, in the manufacture of sorbitol.

OPINION OF THE ADVOCATE GENERAL

Mr Advocate General Lenz delivered his Opinion on 7 March 1990.* He proposed that the Court should rule as follows:

'Article 5a(l) of Regulation (EEC) No 2742/75, as amended by Regulation (EEC) No 1665/77, did not, at the time with which the main proceedings are concerned, preclude the granting of production refunds for products destined for the manu- facture of isoglucose, provided that the isoglucose was to be used as an inter- mediate product, not intended for marketing, in the manufacture of sorbitol.'

* Original language: German.