Judgment of the Court (Fifth Chamber) 16 April 1991

In Case C-112/89, REFERENCE to the Court under Article 177 of the EEC Treaty by the Hoge Raad der Nederlanden (Supreme Court of the Netherlands) 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, F. Grévisse and M. Zuleeg, Judges, Advocate General: C. O. Lenz, Registrar: J. A. Pompe, Deputy Registrar,

after considering the written observations submitted on behalf of The Upjohn Company and Upjohn NV, by C. J. J. C. van Nispen, of the Hague Bar, Farzoo Inc. and J. A. W. M. J. Kortmann, by I. G. F. Cath and M. J. Geus, of the Hague Bar, the Spanish Government, by J. Conde de Saro, Director-General for Community Legal and Institutional Coordination, and R. Silva de Lapuerta, Abogado del Estado, of the Community Legal Affairs Department, acting as Agents, the French Government, by E. Belliard, Deputy Director of the Legal Affairs Directorate in the Ministry of Foreign Affairs, and S. Grassi, Secretary for Foreign Affairs in the said ministry, acting as Agents, the Italian Government, by O. Fiumara, Avvocato dello Stato, acting as Agent, the United Kingdom, by J. A. Gensmantel, of the Treasury Solicitor's Department, acting as Agent, assisted by J. G. McK. Laws, Barrister, and the Commission of the European Communities, by R. Barents, a member of its Legal Department, acting as Agent, having regard to the Report for the Hearing,

after hearing oral argument from The Upjohn Company and Upjohn NV, from Farzoo Inc. and J. A. W. M. J. Kortmann, represented by I. G. F. Cath, from the Spanish Government, represented by R. Silva de Lapuerta, from the Italian Government, from the United Kingdom, represented by D. Wyatt, Barrister, and from the Commission at the hearing on 15 January 1991,

after hearing the Opinion of the Advocate General at the sitting on 19 February 1991,

gives the following

Judgment

Question 1

Question 2

Costs

1 Language of die case: Dutch.