Judgment of the Court (Sixth Chamber) 12 May 1989

In Case 320/87 REFERENCE to the Court under Article 177 of the EEC Treaty by the Sø- og Handelsret (Maritime and Commercial Court), Copenhagen, for a preliminary ruling in the proceedings pending before that court between

THE COURT (Sixth Chamber) composed of: T. Koopmans, President of Chamber, T. F. O'Higgins, G F Mancini, C. N. Kakouris and F. A. Schockweiler, Judges, Advocate General: G. Tesauro Registrar: H. A. Ruhl, Principal Administrator

after considering the observations submitted on behalf of Klee & Weilbach A/S and Thomas Schmidt A/S, the defendants, by S. Lassen, of the Copenhagen Bar, the United Kingdom, by H. R. L. Purse, Treasury Solicitor, acting as Agent, the Commission of the European Communities, by its Legal Adviser A. McClellan and by I. Langermann, a member of its Legal Department, acting as Agents,

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

after hearing the Opinion of the Advocate General delivered at the sitting on 25 January 1989

gives the following

Judgment

The first question

The fourth question

Costs

1 Language of the case: Danish.