Judgment of the Court (Fourth Chamber) 25 June 1992

In Case C-88/91, REFERENCE to the Court under Article 177 of the EEC Treaty by the Corte d'Appello di Roma (Court of Appeal, Rome) for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fourth Chamber), composed of: P. J. G. Kapteyn, President of the Chamber, C. N. Kakouris and M. Diez de Velasco, Judges, Advocate General: W. Van Gerven, Registrar: D. Triantafyllou, Administrator,

after considering the written observations submitted on behalf of: Federconsorzi, by Emilio Cappelli and Paolo de Caterini, the Italian Government, by Professor Luigi Ferrari Bravo, Head of the Department for Legal Affairs of the Ministry for Foreign Affairs, assisted by Oscar Fiumara, Avvocato dello Stato, and the Commission of the European Communities, by Eugenio de March, Legal Adviser, acting as Agent, assisted by Giuseppe Marchesini, advocate with the right of audience at the Corte di Cassazione (Court of Cassation) of the Italian Republic,

having regard to the Report for the Hearing,

after hearing the oral observations of Federconsorzi, the Italian Government and the Commission at the hearing on 8 April 1992,

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

gives the following

Judgment

Jurisdiction of the Court

Substance

Costs

1 Language of the case: Italian.