Judgment of the Court (First Chamber) 23 February 1988

In Case 79/87 REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunal de commerce (Commercial Court), Brussels, for a preliminary ruling in the action pending before that court between

THE COURT (First Chamber) composed of: G. Bosco, President of Chamber, R. Joliet and F. Schockweiler, Judges, Advocate General: J. Mischo Registrar: B. Pastor, Administrator

after considering the observations submitted on behalf of: the OBEA, by Monique Fruy, of the Brussels Bar, Etablissements Soules & Cie SA, by Bernard Munier, Avocat à la Cour, Paris, the Commission of the European Communities, by Jean-Claude Séché, Legal Adviser in its Legal Department, acting as Agent,

having regard to the Report for the Hearing and further to the Hearing on18 November 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

Costs

1 Language of the Case: French.