Judgment of the Court 26 February 1986

Incase 151/84 REFERENCE to the Court under Article 177 of the EEC Treaty by the Court of Appeal of England and Wales for a preliminary ruling in the proceedings pending before that court between

THE COURT composed of: Lord Mackenzie Stuart, President, U. Everling and K. Bahlmann (Presidents of Chambers), G. Bosco, T. Koopmans, O. Due and T. F. O'Higgins, Judges, Advocate General: Sir Gordon Slynn Registrar: D. Loutermann, Administrator

after considering the observations submitted on behalf of the appellant in the main proceedings, by A. Lester, QC, and D. Pannick, Barrister-at-law, during the written procedure, and by A. Lester during the oral procedure, the respondents, by D. Vaughan, QC, and C.S.C.S. Clarke, Barrister-at-law, during the written procedure, and by J. D. Sabel and D. Vaughan, QC, during the oral procedure, the Government of the Kingdom of Denmark, by Laurids Mikaelsen, Legal Adviser at the Ministry of Foreign Affairs, acting as Agent, during the written procedure, the United Kingdom, by S. J. Hay, of the Treasury Solicitor's Department, acting as Agent, during the written procedure, and by S. J. Hay and P. Goldsmith, Barrister-at-law, during the oral procedure, the Commission of the European Communities, by its Legal Adviser, A. Toledano Laredo, acting as Agent, during the written procedure, and by A. Toledano Laredo and J. R. Currall, a member of its Legal Department, during the oral procedure, after hearing the Opinion of the Advocate General delivered at the sitting on 18 September 1985,

gives the following

JUDGMENT

Decision

Relevant legal provisions

The first question

The second question

Costs

1 Language of the Case: English.