Judgment of the Court (Fifth Chamber) 2 July 1985

In Case 148/84 REFERENCE to the Court under the Protocol of 3 June 1971 by the Cour d'appel [Court of Appeal], Colmar, for a preliminary ruling in the action pending before that court between

THE COURT (Fifth Chamber) composed of: O. Due, President of Chamber, C. Kakouris, U. Everling, Y. Galmot and R. Joliet, Judges, Advocate General: C. O. Lenz Registrar: H.A. Rühl, Principal Administrator

after considering the observations submitted on behalf of: the plaintiff in the main proceedings, by J. Imbach and C. Imbach, both of the Strasbourg Bar; the defendant in the main proceedings, by R. Garnon, A. Garnon and P. Kempf, all of the Strasbourg Bar; the Commission of the European Communities, by J. Delmoly, a member of its Legal Department, acting as Agent; the Government of the Federal Republic of Germany, by Christof Böhmer, Ministerialrat [Principal] at the Federal Ministry of Justice; the Government of the Italian Republic, by A. Squillante, President of Section at the Consiglio di Stato [State Council], Head of the Department for Contentious Diplomatic Affairs and Legislative Matters, assisted by O. Fiumara, Avvocato dello Stato;

after hearing the Opinion of the Advocate General delivered at the sitting on 14 May 1985,

gives the following

JUDGMENT

Decision

Costs

1 Language of the Case: French.