Judgment of the Court (Fifth Chamber) 30 April 1991

In Case C-239/90, REFERENCE to the Court under Article 177 of the EEC Treaty by the French Cour de Cassation (Commercial, Financial and Economic Chamber) 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: G. Tesauro, Registrar: H. A. Rühi, Principal Administrator,

after considering the written observations submitted on behalf of SA British Motors Wright and Others, by Jean-Pierre Hermant, of the Paris Bar, SCP Boscher, Studer et Fromentin, by Jean Consolo, of the Paris Bar, the Commission of the European Communities, by Etienne Lasnet, a member of its Legal Department, and Hervé Lehman, a French official seconded to the Commission's Legal Department under the scheme for exchanges with national officials, acting as Agents,

having regard to the Report for the Hearing,

after hearing oral argument on behalf of SA British Motors Wright and Others and the Commission of the European Communities at the hearing on 5 March 1991,

after hearing the Opinion of the Advocate General at the sitting on the same day,

gives the following

Judgment

The first question (freedom to provide services)

The second question

The third and fourth questions (free movement of goods)

Costs

1 Language of the case: French.