Judgment of the Court (Third Chamber) 21 March 1991

In Case C-359/89, REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunale Civile di Genova (Civil District Court, Genoa), Italy, for a preliminary ruling in the proceedings pending before that court between

THE COURT (Third Chamber), composed of: J. C. Moitinho de Almeida, President of Chamber, F. Grévisse and M. Zuleeg, Judges, Advocate General: M. Darmon, Registrar: J. A. Pompe, Deputy Registrar,

after considering the written observations submitted on behalf of: the Council of the European Communities, by A. Dashwood and G. Houttuin, acting as Agents, the Commission of the European Communities, by its Legal Advisers, F. Santaolalla and G. Marenco, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations presented by the plaintiff in the main proceedings, represented by G. Schiano di Pepe, of the Genoa Bar, by the Council and by the Commission at the sitting on 23 October 1990,

after hearing the Opinion of the Advocate General at the sitting on 14 November 1990,

gives the following

Judgment

First question

The second question

Infringement of the right to carry on economic activities freely

Infringement of the principle of equal treatment

Costs

1 Language of the Case: Italian.