Judgment of the Court 30 June 1988

In Case 35/87 REFERENCE to the Court under Article 177 of the EEC Treaty by the Court of Appeal, London, for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: Lord Mackenzie Stuart, President, G. Bosco, O. Due and J. C. Moitinho de Almeida (Presidents of Chambers), T. Koopmans, U. Everling, K. Bahlmann, Y. Galmot, C. Kakouris, T. F. O'Higgins and F. Schockweiler, Judges, Advocate General: J. Mischo Registrar: B. Pastor, Administrator

after considering the observations submitted on behalf of Thetford Corporation and Another, the plaintiffs in the main proceedings, by Clifford Chance, Solicitors, London, in the written procedure and by Mr Burkill, Barrister, in the oral proceedings, Fiamma SpA and Others, the defendants in the main proceedings, by Messrs Evershed & Tomkinson, Solicitors, Birmingham, in the written procedure and by Mr Hicks, Barrister, in the oral proceedings. the United Kingdom of Great Britain and Northern Ireland, by S. J. Hay, acting as Agent, and N. Pumfrey, Barrister, the Commission of the European Communities by E. L. White, a member of its Legal Department,

having regard to the Report for the Hearing and further to the hearing on 1 March 1988,

after hearing the Opinion of the Advocate General delivered at the sitting on 28 April 1988,

gives the following

Judgment

The first question

The second question

Costs

1 Language of the Case: English.