Judgment of the Court 28 April 1988

In Case 120/86 REFERENCE to the Court under Article 177 of the EEC Treaty by the College van Beroep voor het Bedrijfsleven (Administrative court of last instance in matters of trade and industry), The Hague, for a preliminary ruling in the proceedings pending before that court between

THE COURT composed of : G. Bosco, President of Chamber, acting as President, O. Due and J. C. Moitinho de Almeida (Presidents of Chambers), T. Koopmans, U. Everling, K. Bahlmann, Y. Galmot, C. Kakouris, R. Joliét, T. F. O'Higgins and F. Schockweüer, Judges, Advocate General: Sir Gordon Slynn Registrar: H. A. Rühi, Principal Administrator

after considering the observations submitted on behalf of

J. Mulder, the plaintiff in the main proceedings, by H. J. Bronkhorst, of The Hague Bar, and E. H. Pijnacker Hordijk, of the Amsterdam Bar,

the Netherlands Government, by I. Verkade, Secretary-General in the Ministry of Foreign Affairs, and A. Fierstra, acting as Agent,

the Council of the European Communities, by A. Bräutigam, Principal Administrator in the Council's Legal Department, acting as Agent,

the Commission of the European Communities, by its Legal Adviser R. C. Fischer, acting as Agent, and by M. Cless, expert,

having regard to the Report for the Hearing and further to the hearing on 29 September 1987,

after hearing the Opinion of the Advocate General delivered at the sitting on 13 January 1988,

gives the following

Judgment

Legislative background

The first question

The second question

The third question

Costs

1 Language of the Case: Dutch.