Judgment of the Court (First Chamber) 3 October 1990

In Case C-61/89, REFERENCE to the Court under Article 177 of the EEC Treaty by the Cour d'appel (Appeal Court), Aix-en-Provence, for a preliminary ruling in the criminal proceedings pending before that court against

THE COURT (First Chamber) composed of: Sir Gordon Slynn, President of Chamber, R. Joliét and G. C. Rodriguez Iglesias, Judges, Advocate General: M. Darmon Registrar: D. Louterman, Principal Administrator,

after considering the observations submitted on behalf of

Marc Bouchoucha, by Messrs Bureau and Deniniolle, of the Paris Bar,

the SNMOF and the SNMSRRF (civil parties claiming damages), by Marie-Monique Picard, of the Lyons Bar,

the French Republic, by Edwige Belliard, Assistant Director for Economic Law at the Ministère des Affaires étrangères, assisted by Sylvie Grassi, Secrétaire des Affaires étrangères, acting as Agents,

the Italian Republic, by Oscar Fiumara, avvocato dello Stato, acting as Agent,

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

having regard to the Report for the Hearing,

after hearing oral argument presented by Mr Bouchoucha, the SNMOF, the SNMSRRF, the French Government, represented by G. de Bergues, acting as Agent, the Italian Government and the Commission at the sitting on 6 February 1990,

after hearing the Opinion of the Advocate General delivered at the sitting on 6 March 1990

gives the following

Judgment

Costs

1 Language of the case: French.