Judgment of the Court 5 December 1989

In Case C-165/88 REFERENCE to the Court under Article 177 of the EEC Treaty by the Gerechtshof (Regional Court of Appeal), Amsterdam, for a preliminary ruling in the proceedings pending before that court between

THE COURT composed of: O. Due, President, C. N. Kakouris, President of Chamber, T. Koopmans, R. Joliet, J. C. Moitinho de Almeida, G. C. Rodríguez Iglesias and F. Grévisse, Judges, Advocate General: G. Tesauro Registrar: J. A. Pompe, Deputy Registrar

after considering the observations submitted on behalf of the Commission of the European Communities, by J. F. Buhl, Legal Adviser, and B. J. Drijber, a member of its Legal Department, acting as Agents, the Government of the Netherlands, by E. F. Jacobs and M. A. Fierstra, acting as Agents, ORO Amsterdam Beheer BV and Concerto BV, by W. Molenaar and G. Molenaar, acting as Director and Agent respectively,

having regard to the Report for the Hearing and further to the hearing on 12 July 1989,

after hearing the Opinion of the Advocate General delivered at the sitting on 24 October 1989,

gives the following

Judgment

Costs

1 Language of the case Dutch.