Judgment of the Court 9 June 1992

In Case C-47/90, REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunal de Commerce, Brussels, for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: O. Due, President, R. Joliét, President of Chamber, G. F. Mancini, C. N. Kakouris, G. C. Rodriguez Iglesias, M. Diez de Velasco and J. L. Murray, Judges, Advocate General: C. Gulmann, Registrar: D. Louterman-Hubeau, Principal Administrator,

after considering the written observations submitted on behalf of: Établissements Delhaize Frères et Compagnie Le Lion SA, by Marc Dassesse and Lucette Defalque, of the Brussels Bar, Promalvin SA, by André Tossens and Claire Lambert, of the Charleroi Bar, the Spanish Government, by Carlos Bastarreche Sagiies, Director-General of Community and Legal Coordination in the Ministry of Foreign Affairs, and Rosario Silva de Lapuerta, Abogado del Estado, Head of the State Legal Department for cases before the Court of Justice of the European Communities, acting as Agents, the Belgian Government, by Robert Hoebaer, Director of Administration in the Ministry of Foreign Affairs, Foreign Trade and Cooperation with Developing Countries, acting as Agent, the Netherlands Government, by the Minister of Foreign Affairs, acting as Agent, the United Kingdom, by R. M. Caudwell, of the Treasury Solicitor's Department, acting as Agent, the Commission of the European Communities, by Blanca Rodríguez Galindo, of its Legal Service, and Hervé Lehman, a French civil servant seconded to the Commission, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Établissements Delhaize Frères et Compagnie Le Lion SA, Promalvin SA, the Spanish Government, the Belgian Government, represented by Jan Devadder, Adviser in the Ministry of Foreign Affairs, acting as Agent, the United Kingdom, represented by Lucinda Hudson, of the Treasury Solicitor's Department, acting as Agent, and Eleanor Sharpston, Barrister, and the Commission at the hearing on 5 November 1991,

after hearing the Opinion of the Advocate General at the sitting on 16 January 1992,

gives the following

Judgment

Question 1

Question 2

Costs

1 Language of the case: French.