Judgment of the Court (Second Chamber) 19 March 1992

In Case C-60/91, REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunal da Relação de Lisboa (Court of Second Instance, Lisbon), for a preliminary ruling in the criminal proceedings before that court against

THE COURT (Second Chamber), composed of: F. A. Schockweiler, President of the Chamber, G. F. Mancini and J. L. Murray, Judges, Advocate General: F. G. Jacobs, Registrar: H. A. Rühi, Principal Administrator,

after considering the written observations submitted on behalf of: José Antonio Batista Morais, by João Casinha, of the Lisbon Bar; the public prosecutor of the Tribunal da Relação (Court of Second Instance), Lisbon, by Maria Helena Delgado Antonio, State Prosecutor; the Portuguese Government, by Luis Inez Fernandes, Head of the Legal Service of the General Directorate for the European Communities of the Ministry for Foreign Affairs, and Pedro Coelho, member of the Legal Service of the General Directorate for the European Communities of that ministry, acting as Agents; for the United Kingdom, by John E. Collins, of the Treasury Solicitor's Department, acting as Agent; for the Commission of the European Communities, by Antônio Caeiro, Legal Adviser, and Xavier Lewis, member of the Legal Service, acting as Agents;

having regard to the Report for the Hearing,

after hearing the oral observations of the Portuguese Government, the United Kingdom, represented by John E. Collins and Andrew Macnab, Barrister, and the Commission at the hearing on 14 January 1992,

after hearing the Opinion of the Advocate General delivered at the sitting on 13 February 1992,

gives the following

Judgment

Costs

1 Language of the case: Portuguese.