Judgment of the Court (Fifth Chamber) 11 July 1991

In Case C-368/89, REFERENCE to the Court under Article 177 of the EEC Treaty by the Pretore Circondariale, Perugia (Italy), 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: J. Mischo, Registrar: D. Louterman, Principal Administrator,

after considering the written observations submitted on behalf of: Mr Crispoltoni, by Emilio Cappelli and Paolo De Caterini, of the Rome Bar, and Corrado Zaganelli, of the Perugia Bar, the Council of the European Communities, by Bernhard Schloh, an Adviser in its Legal Service, and Tito Gallas, a member of its Legal Service, acting as Agents, the Commission of the European Communities, by its Legal Advisers, Gianluigi Campogrande and Francisco Santaollala Gadea, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Mr Crispoltoni, the Italian Government, represented by Oscar Fiumara, Avvocato dello Stato, the Council and the Commission, whose Agents, Gianluigi Campogrande and Francisco Santaollala Gadea, were assisted by Mr Ledoux, an official in DG VI, as an expert, at the hearing on 16 January 1991,

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

gives the following

Judgment

The Court's jurisdiction

Substance

Costs

1 Language of the case: Italian.