Judgment of the Court (Second Chamber) 24 January 1991

In Case C-27/90, REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunal administratif (Administrative Court), Dijon (France) for a preliminary ruling in the proceedings pending before that court between

THE COURT (Second Chamber) composed of: T. F. O'Higgins, President of the Chamber, G. F. Mancini and F. A. Schockweiler, Judges, Advocate General: C. O. Lenz Registrar: J. A. Pompe, Deputy Registrar

after considering the observations submitted on behalf of: Sitpa, by Nicole Coutrelis, of the Paris Bar; the Commission of the European Communities, by Patrick Hetsch, a member of its Legal Department, acting as Agent; the Council of the European Communities, by Bernhard Schloh, an adviser in its Legal Department, acting as Agent,

having regard to the Report for the Hearing,

after hearing oral argument on behalf of Sitpa, the Commission and the Council at the hearing on 2 October 1990,

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

gives the following

Judgment

Costs

1 Language of the case: French.