Judgment of the Court (Sixth Chamber) 16 December 1991

In Case C-114/91, REFERENCE to the Court under Article 177 of the EC Treaty by Rechtbank van Eerste Aanleg van het Arrondissement leper (Court of First Instance, Ypres), for a preliminary ruling in the criminal proceedings pending before that court against

THE COURT (Sixth Chamber), composed of: C. N. Kakouris, President of the Chamber, J. L. Murray, G. E Mancini, F. A. Schockweiler and M. Diez de Velasco, Judges, Advocate General: G. Tesauro, Registrar: D. Triantafyllou, Administrator,

after considering the written observations submitted on behalf of: the Belgian Government, by R. Van Hellemont, Head of European Affairs at the Ministry of Foreign Affairs, Foreign Trade and Cooperation with the Developing Countries, acting as Agent, the Commission of the European Communities, by B. Rodríguez Galindo, of its Legal Service, and L. Tan, a Netherlands civil servant seconded to the Legal Service under the exchange scheme for civil servants, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of the Commission of the European Communities, represented by R. C. Fischer, Legal Adviser, acting as Agent, at the hearing on 4 June 1992,

after hearing the Opinion of the Advocate General at the sitting on 25 June 1992,

gives the following

Judgment

Articles 12 et seq. and 95 of the Treaty

Article 92 et seq. of the Treaty

Costs

1 Language of the case: Dutch.