Judgment of the Court (Fifth Chamber) 26 June 1990

In Case C-8/89 REFERENCE to the Court under Article 177 of the EEC Treaty by the Pretura (Magistrate's Court), Copparo, Italy, for a preliminary ruling in the proceedings pending before that court between

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

after considering the observations submitted on behalf of Mr Zardi, by Emilio Cappelli and Paolo De Caterini, of the Rome Bar, the Italian Government, by Ivo Braguglia, avvocato dello Stato, acting as Agent, the Council of the European Communities, by Arthur Bräutigam and Guus Houttuin, Principal Administrator and Administrator respectively in the Council's Legal Department, acting as Agents, the Commission of the European Communities, represented by its Legal Adviser Alberto Prozzillo, acting as Agent,

having regard to the Report for the Hearing,

after hearing oral argument presented by Mr Zardi by Emilio Cappelli, of the Rome Bar, for the Italian Government, by Ivo Braguglia, avvocato dello Stato, for the Council, by Arthur Bräutigam, acting as Agent, assisted by Mrs Zilioli, Adviser, and for the Commission, by D. Booss and E. De March, acting as Agents, at the hearing on 10 January 1990,

after hearing the Opinion of the Advocate General delivered at the sitting on 7 March 1990,

gives the following

Judgment

Costs

1 Language of the case: Italian.