Judgment of the Court (Fourth Chamber) 10 December 1985

In Case 31/85 REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunal de commerce [Commercial Court], Brussels, for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fourth Chamber) composed of: K. Bahlmann, President of Chamber, G. Bosco, T. Koopmans, T. F. O'Higgins and F. Schockweiler, Judges, Advocate General: M. Darmon Registrar: P. Heim

after considering the observations submitted on behalf of: ETA Fabriques d'Ébauches SA, the plaintiff in the main proceedings, by Xavier Magnee, of the Brussels Bar, DK Investment SA and Horelec SA, the defendants in the main proceedings, by J. C. Fenaux, of the Brussels Bar, in the oral procedure, and the Commission of the European Communities, by its Legal Adviser, Anthony McClellan and by Philippe Mihail, of the Brussels Bar,

after hearing the Opinion of the Advocate General delivered at the sitting on 12 November 1985,

gives the following

JUDGMENT

(The account of the facts and issues which is contained in the complete text of the judgment is not reproduced)

Decision

Costs

1 Language of die Caie: French.