Judgment of the Court (Fifth Chamber) 22 June 1993

In Case C-222/91, REFERENCE to the Court under Article 177 of the EEC Treaty by the Consiglio di Stato in Sede Giurisdizionale for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fifth Chamber), composed of: G. C. Rodriguez Iglesias, President of the Chamber, R. Joliet, J. C. Moitinho de Almeida, F. Grévisse and D. A. O. Edward, Judges, Advocate General: C. O. Lenz, Registrar: L. Hewlett, Administrator,

after considering the written observations submitted on behalf of: Philip Morris and the other companies, respondents and appellants on cross-appeal, by Massimo Colarizi, of the Rome Bar, Paolo Ferrari, of the Milan Bar, Massimo Severo Giannini, of the Rome Bar, Riccardo Luzzato, of the Milan Bar, Mario Siragusa, of the Rome Bar, Romano Subiotto, Solicitor of the Supreme Court of England and Wales, and Giuseppe Scassellati Sforzolini, of the Bar of Bologna; the Italian Government, by Professor Luigi Ferrari Bravo, Head of the Department for Contentious Diplomatic Affairs at the Ministry of Foreign Affairs, acting as Agent, assisted by Oscar Fiumara, Avvocato dello Stato; the United Kingdom, by S. Lucinda Hudson, of the Treasury Solicitor's Department, acting as Agent; and the Commission of the European Communities, by Antonio Aresu and Marie Wolfcarius, of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Philip Morris and the other companies, respondents and appellants on cross-appeal, the Italian Government, the United Kingdom, represented by Richard Plender QC and Eleanor Sharpston, Barrister, acting as Agents, Ireland, represented by Richard Nesbitt, Barrister-at-Law, acting as Agent, and of the Commission at the hearing on 14 January 1993,

after hearing the Opinion of the Advocate General at the sitting on 2 March 1993,

gives the following

Judgment

The first question

The second and third questions

Costs

1 Language of the case: Italian.