Judgment of the court (Fifth Chamber) 27 May 1986

In Joined Cases 87 and 88/85 REFERENCES to the Court under Article 177 of the EEC Treaty by the Conseil d'Etat du grand-duché de Luxembourg, comité du contentieux [Contentious Proceedings Division of the State Council of the Grand Duchy of Luxembourg] for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fifth Chamber) composed of: U. Everling, President of Chamber, R. Joliét, O. Due, Y. Galmot and C. Kakouris, Judges, Advocate General: G. F. Mancini Registrar: P. Heim

after considering the observations submitted on behalf of Société coopérative des laboratoires de pharmacie Legia and Louis Gyselinx et fils — Cophalux, by G. Margue, avocat, assisted by G. Baudinet, Minister for Health, Luxembourg, by Raymond Mousty, conseiller du gouvernment, acting as Agent, and Nicolas Decker, avocat, the Commission of the European Communities, by Michel van Ackere, acting as Agent, the Italian Government, by Marcello Conti, avvocato dello Stato,

after hearing the Opinion of the Advocate General delivered at the sitting on 22 April 1986,

gives the following

JUDGMENT

Decision

Costs

1 Language of the Case: French.