Judgment of the Court (Fifth Chamber) 5 May 1988

In Joined Cases 144 and 145/87 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 (Fifth Chamber) composed of: G. Bosco, President of Chamber, U. Everling, Y. Galmot, R. Joliét and F. Schockweiler, Judges, Advocate General: G. F. Mancini Registrar: D. Louterman, Administrator

after considering the observations submitted on behalf of: Harry Berg and Johannes Theodoras Maria Busschers by A. H. P. M. van Tielraden, advokaat, Ivo Martin Besselsen by E. Grabandt, advokaat, the Netherlands Government, by E. F. Jacobs, the United Kingdom Government by H. R. L. Purse, the Portuguese Government by Luis Inez Fernandes and Lénia Maria de Deabra Real, the Commission of the European Communities by H. Lima and F. Herbert, avocat,

having regard to the Report for the Hearing and further to the hearing on 9 February 1988,

after hearing the Opinion of the Advocate General delivered at the sitting on the same day,

gives the following

Judgment

The first question

The second question

Costs

1 Language of lhe Case: Dutch.