Judgment of the Court (Fourth Chamber) 19 March 1991

In Case C-109/90, REFERENCE to the Court under Article 177 of the EEC Treaty by the Bestendige Deputatie van de Provincieraad van Brabant (executive branch of the Provincial Council of Brabant), Belgium, for a preliminary ruling in the proceedings pending before that body between

THE COURT (Fourth Chamber), composed of: M. Diez de Velasco, President of the Chamber, C. N. Kakouris and P. J. G. Kapteyn, Judges, Advocate General: F. G. Jacobs, Registrar: D. Louterman, Principal Administrator,

after considering the written observations submitted on behalf of the Commission of the European Communities, by J. F. Buhl and B. J. Drijber, members of its Legal Department, acting as Agents,

having regard to the Report for the Hearing,

after hearing oral argument from the Commission at the hearing on 15 Januaryl991,

after hearing the Opinion of the Advocate General at the sitting on 7 February 1991,

gives the following

Judgment

Costs

1 Language of the case: Dutch.