Judgment of the Court (Third Chamber) 27 January 1994

In Case C-98/91, REFERENCE to the Court under Article 177 of the EEC Treaty by the College van Beroep voor het Bedrijfsleven (Administrative Court for Trade and Industry) for a preliminary ruling in the proceedings pending before that court between

THE COURT,(Third Chamber), composed of: J.C. Moitinho de Almeida, President of the Chamber, F. Grévisse and M. Zuleeg (Rapporteur), Judges, Advocate General: CO. Lenz, Registrar: H.A. Rühi, Principal Administrator,

after considering the written observations submitted on behalf of: Mr A.A. Herbrink, 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 Commission of the European Communities, by R.C. Fischer, Legal Adviser, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of the plaintiff, the Netherlands Government, represented by T. Heukels, assistant Legal Adviser at the Ministry of Foreign Affairs, acting as Agent, and the Council of the European Communities, represented by A. Brautigam, Legal Adviser, acting as Agent, at the hearing on 22 October 1992,

after hearing the Opinion of the Advocate General at the sitting on 9 December 1992,

gives the following

Judgment

The first question

The second and third questions

The fourth question

Costs

1 Language of the case: Dutch.