Judgment of the Court 4 March 1986

In Case 243/84 REFERENCE to the Court under Article 177 of the EEC Treaty by the Østre Landsret [Eastern Division of the High Court] of Denmark for a preliminary ruling in the proceedings pending before that court between

THE COURT composed of: T. Koopmans, President of Chamber, acting as President, U. Everling, K. Bahlmann and R. Joliét (Presidents of Chambers), G. Bosco, O. Due, Y. Galmot, C. Kakouris and F. Schockweiler, Judges, Advocate General: P. VerLoren van Themaat Registrar: D. Louterman, Administrator

after considering the observations submitted on behalf of John Walker & Sons Ltd, the plaintiff in the main proceedings, by Peter Alsted of the Copenhagen Bar in the written procedure, and by Mr Alsted and Michel Waelbroeck of the Brussels Bar in the oral procedure, the Government of the Kingdom of Denmark, by Laurids Mikaelsen, Legal Adviser at the Ministry of Foreign Affairs, and for the Ministry of Fiscal Affairs (the defendant in the main proceedings) in particular, by Gregers Larsen, of the Copenhagen Bar, the Government of the Italian Republic, by Luigi Ferrari Bravo, Head of the Department for Contentious Diplomatic Affairs, acting as Agent, assisted by Marcello Conti, Avvocato dello Stato, the Commission of the European Communities, by its Legal Adviser, Johannes Fons Buhl,

after hearing the Opinion of the Advocate General delivered at the sitting on 3 December 1985,

gives the following

JUDGMENT

Decision

The first paragraph of Article 95 of the EEC Treaty

The second paragraph of Article 95 of the EEC Treaty

Costs

1 Language of the Case: Danish.