JUDGMENT OF 5. 10. 1977 — CASE 5/77 TEDESCHI v DENKAVIT

In Case 5/77 Reference to the Court under Article 177 of the EEC Treaty by the Pretura di Lodi for a preliminary ruling in the action pending before that court between

THE COURT composed of: H. Kutscher, President, A.M. Donner and P. Pescatore, Presidents of Chambers, J. Mertens de Wilmars, M. Sørensen, Lord Mackenzie Stuart, A. O'Keeffe, G. Bosco and A. Touffait, Judges, Advocate-General: H. Mayras Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and issues

I — Facts and procedure

II — Observations submitted to the Court pursuant to Article 20 of the Protocol on the Statute of the Court of Justice of the EEC

A — Observations submitted by the Commission

The first question

The second and third questions

The fourth question

B — Observations submitted by the Council

C — Observations submitted by the Italian Government

D — Observations submitted by the Government of the United Kingdom

E — Observations submitted by Denkavit

Decision

The first question

The second question

The third question

The fourth question

Costs