Judgment of the Court (Third Chamber) 22 October 1992

In Case C-85/90, REFERENCE to the Court under Article 177 of the EEC Treaty by the Supreme Court of Ireland for a preliminary ruling in the proceedings pending before that court between

THE COURT (Third Chamber), composed of: M. Zuleeg, President of the Chamber, J. C. Moitinho de Almeida, and F. Grévisse, Judges, Advocate General: F. G. Jacobs, Registrar: D. Triantafyllou, Administrator,

after considering the written observations submitted on behalf of: W. Dowling, by Derrick Wyatt, Barrister, and Brian A. Carroll, Solicitor, Ireland, by Louis J. Dockery, Chief State Solicitor, acting as Agent, the Commission of the European Communities, by Patrick Hetch and Xavier Lewis, of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations presented on behalf of W. Dowling by Derrick Wyatt and John McBratney, Barristers, on behalf of Ireland by Hugh Geoghegan SC and Brian Lenihan, Barrister, acting as Agents, and on behalf of the Commission of the European Communities, by Xavier Lewis, of its Legal Service, at the hearing on 27 February 1992,

after hearing the Opinion of the Advocate General at the sitting on 8 April 1992,

gives the following

Judgment

Costs

1 Language of the case: English.