Judgment of the Court (Fifth Chamber) 22 September 1988

In Case 212/87 REFERENCE to the Court under Article 177 of the EEC Treaty by the tribunal de grande instance (Regional Court), Agen, 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. Joliet and F. A. Schockweiler, Judges, Advocate General: G. F. Mancini Registrar: B. Pastor, Administrator

after considering the observations submitted on behalf of Unilec, the plaintiff in the main proceedings, by C. Gardeł and N. Coutrelis, avocats, assisted by B. Mangenot, expert, Etablissements Larroche Frères, the defendant in the main proceedings, by Messrs Holleaux and J. L. Marchi, avocats, the French Government, in the written proceedings, by J. P. Puissochet, Agent, and G. de Bergues, Deputy Agent, and in the oral proceedings, by M. Giacomini, Agent, assisted by L. Nouchi, expert, the Commission of the European Communities, by P. Oliver, D. G. Lawrence and P. Hetsch, members of its Legal Department, acting as Agents,

having regard to the Report for the Hearing and further to the hearing on 3 May 1988,

after hearing the Opinion of the Advocate General delivered at the sitting on 29 June 1988,

gives the following

Judgment

The first question

The second question

Costs

1 Language of the Case: French.