Judgment of the Court (Sixth Chamber) 11 July 1989

In Case C-23/89, REFERENCE to the Court under Article 177 of the EEC Treaty by Chelmsford Crown Court for a preliminary ruling in the proceedings pending before that court between

THE COURT (Sixth Chamber) composed of: C. N. Kakouris, President of Chamber, F. A. Schockweiler, G. F. Mancini, T. F. O'Higgins and M. Diez de Velasco, Judges, Advocate General: C. O. Lenz Registrar: D. Louterman, Principal Administrator,

after considering the observations submitted on behalf of Quietlynn Ltd and Brian James Richards, by N. Peters, barrister, instructed by Kaye Tesier & Co., solicitors, Southend Borough Council, by S. Reid, barrister, instructed by the Borough Solicitor of Southend Borough Council, the United Kingdom, by N. Paines, barrister, instructed by S. J. Hay, Treasury Solicitor, the Commission, by E. L. White, a member of its Legal Department, acting as Agent,

having regard to the Report for the Hearing and further to the hearing on 27 March 1990,

after hearing the Opinion of the Advocate General delivered at the sitting on 2 May 1990,

gives the following

Judgment

Question 1

Question 2

Question 3

Question 1

Questions 2 and 3

Costs

1 Language of the case: English.