Judgment of the Court 16 December 1992

In Case C-304/90, REFERENCE to the Court under Article 177 of the EEC Treaty by the Reading and Sonning Magistrates' Court, United Kingdom, for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: O. Due, President, C. N. Kakouris, G. C. Rodríguez Iglesias, J. L. Murray (Presidents of Chambers), G. F. Mancini, R. Joliét, M. Diez de Velasco, P. J. G. Kapteyn and D. A. O. Edward, Judges, Advocate General: W. Van Gerven, Registrar: D. Triantafyllou, Administrator,

after considering the written observations submitted on behalf of: Reading Borough Council, by A. Newman QC and A. Jack, Barrister, Payless DIY Limited, Wickes Building Supplies Limited, Great Mills (South) Limited and Homebase Limited, by P. Lasok, Barrister, B & Q plc, by G. Barling QC, D. Vaughan QC, D. Anderson, Barrister, and A. Askham, Solicitor, the United Kingdom, by N. Paines, Barrister, assisted by H. A. Kaya, of the Treasury Solicitor's Department, acting as Agents, the Commission, by R. Wainwright, Legal Adviser, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of Reading Borough Council, B&Qplc, Payless DIY Limited, Wickes Building Supplies Limited, Great Mills (South) Limited, Homebase Limited, the United Kingdom, represented by S. L. Hudson, of the Treasury Solicitor's Department, assisted by Sir Nicholas Lyell QC, Attorney General, acting as Agents, and the Commission, represented by A. Ridout, a national civil servant seconded to the Legal Department of the Commission, acting as Agent, at the hearing on 2 June 1992,

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

gives the following

Judgment

Costs

1 Language of the case: English.