Judgment of the Court 25 July 1991

In Case C-362/89, REFERENCE to the Court under Article 177 of the EEC Treaty by the Pretore di Milano for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: O. Due, President, G. F. Mancini, J. C. Moitinho de Almeida, G. C. Rodriguez Iglesias and M. Diez de Velasco (Presidents of Chambers), Sir Gordon Slynn, C. N. Kakouris, R. Joliét, F. A. Schockweiler, F. Grévisse and M. Zuleeg, Judges, Advocate General: W. Van Gerven, Registrar: D. Louterman, Principal Administrator,

after considering the written observations submitted on behalf of: the plaintiffs in the main proceedings, by Alfonso F. Ognibene, of the Milan Bar, the defendants in the main proceedings, by Giacinto Favalli and Salvatore Trifirò, of the Milan Bar, the French Government, by Claude Chavance, Principal Attaché of Central Administration at the Ministry for Foreign Affairs, acting as Agent, the Italian Government, by Oscar Fiumara, Avvocato dello Stato, acting as Agent, the Commission of the European Communities, by Giuliano Marenco, Legal Adviser, assisted by Karen Banks, a member of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing oral argument at the hearing on 18 April 1991 from the plaintiffs in the main proceedings, represented by Alfonso Ognibene and Sergio Galleano, of the Milan Bar, the defendants in the main proceedings, the Italian Government and the Commission of the European Communities,

after hearing the Opinion of the Advocate General at the sitting on 30 May 1991,

gives the following

Judgment

The first question

The second question

Costs

1 Language of the case: Italian.