Judgment of the Court (Fifth Chamber) 16 January 1992

In Case C-373/90, REFERENCE to the Court under Article 177 of the EEC Treaty by the Juge d'Instruction attached to the Tribunal de Grande Instance of Bergerac (France) for a preliminary ruling in the complaint against

THE COURT (Fifth Chamber), composed of: Sir Gordon Slynn (President of Chamber, acting as President), F. Grévisse, J. C. Moitinho de Almeida, G. C. Rodriguez Iglesias and M. Zuleeg, Judges, Advocate General: G. Tesauro, Registrar: H. A. Rühi, Principal Administrator,

after considering the written observations submitted on behalf of the Commission of the European Communities by Xavier Lewis and Maria Condou-Durande, members of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Jean-Pierre Richard, the civil party in the main proceedings, represented by J. M. Reynaud, Avocat, of the Versailles Bar, and of the Commission at the hearing on 25 September 1991,

after hearing the Opinion of the Advocate General at the sitting on 24 October 1991,

gives the following

Judgment

Costs

1 Language of the case: French.