JUDGMENT OF 16. 12. 1980 — CASE 27/80 FIETJE

In Case 27/80 REFERENCE to the Court pursuant to Article 177 of the EEC Treaty by the Economische Politierechter [Magistrate in Economic Matters] of the Arrondissementsrechtbank [District Court] Assen for a preliminary ruling in the criminal proceedings pending before that court against

THE COURT composed of: P. Pescatore, President of the Second Chamber, acting as President, T. Koopmans (President of the First Chamber), Lord Mackenzie Stuart, A. O'Keeffe, G. Bosco, A. Touffait and O. Due, Judges, Advocate General: H. Mayras Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

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

1 Observations of Mr Fietje, the accused in the main proceedings

2. Observations of the Netherlands Government

3. Observations of the Commission

Ill — Oral procedure

Decision

Costs