Judgment of the Court (Fifth Chamber) 13 July 1989

In Case 380/87 REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunale amministrativo regionale per la Lombardia (Regional Administrative Court, Lombardy) for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fifth Chamber) composed of: R. Joliét, President of Chamber, Sir Gordon Slynn, J. C. Moitinho de Almeida, G. C. Rodríguez Iglesias and M. Zuleeg, Judges, Advocate General: F. G. Jacobs Registrar: H. A. Rühi, Principal Administrator

after considering the observations submitted on behalf of the Commission of the European Communities by its Legal Advisers Giuliano Marenco and Thomas Van Rijn, the plaintiffs in the main proceedings by G. Leone, M. Siragusa, L. Simont and G. Scassellati Sforzolini, the Italian Government by Pier Giorgio Ferri, avvocato dello Stato, the United Kingdom by H. R. L. Purse, Treasury Solicitor, the Portuguese Government by Luis Fernandes, Rui Falcão de Campos and Ana Cristina Branco,

having regard to the Report for the Hearing and further to the hearing on 2 March 1989,

after hearing the Opinion of the Advocate General delivered at the sitting on 16 March 1989,

gives the following

Judgment

The first question

The second question

The third question

The fourth question

Costs

1 Language of lhe case: Italian.