JUDGMENT OF 2. 12. 1980 — CASE 815/79 CREMONINI AND VRANKOVICH

In Case 815/79 REFERENCE to the Court of Justice under Article 177 of the EEC Treaty by the Pretura Penale di Como [District Criminal Court, Como] for a preliminary ruling in the criminal proceedings against

THE COURT composed of: J. Mertens de Wilmars, President, P. Pescatore and T. Koopmans (Presidents of Chambers), Lord Mackenzie Stuart, A. O'Keeffe, G. Bosco and A. Touffait, Judges, Advocate General: J.-P. Warner Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

II — Written 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 of the accused in the criminai proceedings

(a) The facts

(b) The law

(1) General observations

(2) Specific observations on the directive in question

B — Observations of the Commission

(1) The scope of Directive No 73/23

(2) The provisions of the directive which the national court has requested the Court to interpret

(a) The first obligation: Article 7

(b) The second obligation: Article 10

(c) The third obligation: Article 8

(d) The fourth obligation: Article 9

(3) The Italian Law implementing Directive No 73/23

(4) Replies to the questions referred by the Pretura di Como

C — Observations of the Italian Government

The first two questions referred to the Court

The third and fourth questions

General questions

D — Observations of the Government of the United Kingdom

Questions 1 and 2

Questions 3 and 4

The fifth question

E — Observations of the Netherlands Government

The first question

The second question

The third question

The fourth question

The fifth question

III — Oral procedure

Decision

The first two questions

The third and fourth questions

The fifth question

Costs