Judgment of the Court 5 October 1988

In Case 238/87 REFERENCE to the Court under Article 177 of the EEC Treaty by the High Court of Justice, Chancery Division, Patents Court, 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. Everhng, K. Bahlmann, Y. Galmot, R. Joliet, T. F. O'Higgins and F. A. Schockweiler, Judges, Advocate General: J. Mischo Registrar: D. Louterman, Administrator

after considering the observations submitted on behalf of AB Volvo, the plaintiff in the main proceedings, by David Vaughan, QC, Richard Miller, barrister, and William Richards, solicitor, Erik Veng (UK) Ltd, the defendant in the main proceedings, by Robin Jacob, QC, and Peter Prescott, solicitor, the French Government, by Régis de Gouttes, acting as Agent, the United Kingdom Government, by H. R. L. Purse of the Treasury Solicitor's Department, acting as Agent, the Italian Government, represented by Ivo M. Braguglia, avvocato dello Stato, the Commission, represented by Anthony McClellan and Ida Langermann, acting as Agents,

having regard to the Report for the Hearing and further to the hearing on 18 May 1988,

after hearing the Opinion of the Advocate General delivered at the sitting on 21 June 1988,

gives the following

Judgment

The second question

Costs

1 Language of the Case: English.