Judgment of the Court (Third Chamber) 7 November 1989

In Case 125/88 REFERENCE to the Court under Article 177 of the EEC Treaty by the Gerechtshof (Regional Court of Appeal), The Hague, Netherlands, for a preliminary ruling in the proceedings pending before that court against

THE COURT (Third Chamber) composed of: M. Zuleeg, President of Chamber, J. C. Moitinho de Almeida and F. Grévisse, Judges, Advocate General: M. Darmon Registrar: H. A. Rühi, Principal Administrator

after considering the observations submitted on behalf of

H. F. M. Nijman, by J. C. M. Montijn-Swinkels and O. Z. van Sandick, of the Hague Bar,

the Government of the Kingdom of the Netherlands, by H. J. Heinemann and M. A. Fierstra, acting as Agents,

the Government of the Federal Republic of Germany, by G. Rambow, acting as Agent,

the Government of the Kingdom of Belgium, by A. Reyn, acting as Agent,

the United Kingdom, by J. A. Gensmantel, acting as Agent,

the Commission of the European Communities, by R. Barents, a member of its Legal Department, acting as Agent,

having regard to the Report for the Hearing and further to the hearing on 23 May 1989,

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

gives the following

Judgment

The first question

The second question

Costs

1 Language of the case: Dutch.