Judgment of the Court (Sixth Chamber) 27 September 1989

In Case 9/88 REFERENCE to the Court under Article 177 of the EEC Treaty by the Raad van State (State Council) of the Netherlands for a preliminary ruling in the proceedings pending before that court between

THE COURT (Sixth Chamber) composed of: T. Koopmans, President of Chamber, G. F. Mancini, C. N. Kakouris, F. A. Schockweiler and M. Diez de Velasco, Judges, Advocate General: M. Darmon Registrar: J. A. Pompe, Deputy Registrar

after considering the observations submitted on behalf of

Mário Lopes da Veiga, the applicant in the main proceedings, by R. J. Wybenga, of the Rotterdam Bar,

the Government of the Kingdom of the Netherlands, by E. F. Jacobs, Secretary-General of the Ministry of Foreign Affairs, and A. Fierstra, Deputy Legal Adviser to that Ministry,

the Government of the Portuguese Republic, by Luís Fernandes, Director of the Legal Department in the General Directorate for European Affairs, and Maria Luísa Duarte, Legal Adviser in the General Directorate for European Affairs,

the Commission of the European Communities, by A. Caeiro and B. J. Drijber, members of its Legal Department,

having regard to the Report for the Hearing and further to the hearing on 29 June 1989,

after hearing the Opinion of the Advocate General delivered at the sitting on 13 July 1989,

gives the following

Judgment

The first question

The second question

Costs

1 Language of the case: Dutch.