Judgment of the Court (Third Chamber) 19 May 1993

In Case C-81/91, REFERENCE to the Court under Article 177 of the EEC Treaty by the College van Beroep voor het Bedrijfsleven for a preliminary ruling in the proceedings pending before that court between

THE COURT (Third Chamber), composed of: M. Zuleeg, President of Chamber, J. C. Moitinho de Almeida and F. Grévisse, Judges, Advocate General: F. G. Jacobs, Registrar: H. von Holstein, Deputy Registrar,

after considering the written observations submitted on behalf of: Mr Twijnstra by E. H. Pijnacker Hordijk, of the Amsterdam Bar, the Netherlands Government by B. R. Bot, Secretary General at the Ministry of Foreign Affairs, acting as Agent, the Council of the European Communities by G. Houttuin, of the Legal Service, acting as Agent, the Commission of the European Communities by its Legal Adviser, R. Fischer, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of the plaintiff, of the Netherlands Government, represented by H. G. T. W. Knippenberg, Counsellor at the Netherlands Embassy in Luxembourg, acting as Agent, of the German Government, represented by C. D. Quassowski, Regierungsdirektor at the Federal Ministry of Economic Affairs, acting as Agent, of the Council and of the Commission at the hearing on 21 May 1992,

after hearing the Opinion of the Advocate General at the sitting on 2 July 1992,

gives the following

Judgment

The legislative framework

The interpretation of the third subparagraph of Article 3a(2) of Regulation No 857/84

Costs

1 Language of the case: Dutch.