JUDGMENT OF 31. 10. 1974 — CASE 16/74 CENTRAFARM v WINTHROP

In Case 16/74 Reference to the Court under Article 177 of the EEC Treaty by the Hoge Raad of the Netherlands for a preliminary ruling in the action pending before that court between

THE COURT composed of: R. Lecourt, President, C. Ó Dálaigh and Lord Mackenzie Stuart, Presidents of Chambers, A. M. Donner, R. Monaco, J. Mertens de Wilmars, P. Pescatore, H. Kutscher and M. Sørensen (Rapporteur), Judges, Advocate-General: A. Trabucchi Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts

I — Facts and procedure

II — Written observations submitted to the Court

Observations submitted by Winthrop BV

Observations submitted by Centrafarm

Observations submitted by the Commission

Question I (a)

Question 1(b)

Question 1(c)

Question I (d)

Question I(e)

Question II concerning Article 85 of the EEC Treaty

Law

As regards question I (a)

As regards question I (b)

As regards question I (c)

As regards question I (d)

As regards question I (e)

As regards question II

Costs