Judgment of the Court (Second Chamber) 8 March 1988

In Case 296/86 REFERENCE to the Court under Article 177 of the EEC Treaty by the High Court of Ireland for a preliminary ruling in the proceedings pending before that court between

THE COURT (Second Chamber), composed of: O. Due, President, K. Bahlmann and T. F. O'Higgins, Judges, Advocate General: J. Mischo Registrar: J. A. Pompe, Deputy Registrar

after considering the observations submitted on behalf of: the Commission, by P. Oliver, a Member of its Legal Department, acting as Agent, Anthony McNicholl Ltd and Others, by J. D. Cooke, SC, and R. L. Nesbitt, Barrister of the Bar of Ireland, represented by Messrs Gerrard, Scallan & O'Brien, Solicitors, Dublin, the Irish Government, by L. J. Dockery, Chief State Solicitor, acting as Agent, assisted by E. P. Fitzsimons, SC, and J. O'Reilly, Barrister-at-Law,

having regard to the Report for the Hearing and further to the hearing on 8 December 1987,

after hearing the Opinion of the Advocate General delivered at the sitting on 19 January 1988,

gives the following

Judgment

The first question

The second question

The third question

Costs

1 Language of the Case: English.