Judgment of the Court (Sixth Chamber) 5 July 1988

In Case 269/86 REFERENCE to the Court under Article 177 of the EEC Treaty by the Hoge Raad der Nederlanden (Supreme Court of the Netherlands) for a preliminary ruling in the proceedings pending before that court between

THE COURT (Sixth Chamber) composed of O. Due, President of the Chamber, T. Koopmans, K. Bahlmann, C. Kakouris and T. F. O'Higgins, Judges, Advocate General: G. F. Mancini Registrar: B. Pastor, Administrator

after considering the observations submitted on behalf of W. J. R. Mol, by Mr De Wal; the Federal Republic of Germany, by Martin Seidel and Alfred Dittrich, acting as Agents; the French Republic, by Gilbert Guillaume and Bernard Botte, acting as Agents; the Kingdom of the Netherlands, by E. F. Jacobs and G. M. Borchardt, acting as Agents, the Commission of the European Communities, by Johannes Føns Buhl and Marten Mees, acting as Agents;

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

after hearing the Opinion of the Advocate General delivered at the sitting on 21 April 1988,

gives the following

Judgment

The first limb of the question

The second limb of the question

Costs

1 Language of the Case: Dutch.