Judgment of the Court (Fifth Chamber) 5 February 1991

In Case C-15/89, REFERENCE to the Court under Article 177 of the EEC Treaty by the Hoge Raad der Nederlanden for a preliminary ruling in the proceedings pending before that court between

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

after considering the observations submitted on behalf of: the Government of the Netherlands, by B. R. Bot, Secretary-General at the Ministry of Foreign Affairs, acting as Agent, the Commission of the European Communities, by J. F. Buhl, Legal Adviser, acting as Agent,

having regard to the Report for the Hearing,

after hearing oral argument from the Commission, represented by B. J. Drijber, at the hearing on 24 October 1990,

after hearing the Opinion of the Advocate General delivered at the sitting on 13 November 1990,

gives the following

Judgment

Costs

1 Language of the case: Dutch.