JUDGMENT OF 15. 12. 1983 — CASE 5/83 RIENKS

In Case 5/83 REFERENCE to the Court pursuant to Article 177 of the EEC Treaty by the Pretore [Magistrate] di Lodi, for a premilinary ruling in the criminal proceedings against

THE COURT (Second Chamber), composed of: K. Bahlmann, President of Chamber, P. Pescatore and O. Due, Judges, Advocate General: Sir Gordon Slynn Registrar: H. A. Rühi, Principal Administrator

gives the following

JUDGMENT

Facts and Issues

I — Facts and written procedure

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

1. Observations of Mr Rienks, the accused in the main action

(a) The effect of a directive with regard to the right of a State to impose its own penalties

(b) The effect of a directive with regard to recognition of the right to practise

2. Observations of the Commission

3. Observations of the Italian Government

Ill — Oral procedure

Decision

Costs