Judgment of the Court (Fifth Chamber) 13 July 1993

In Case C-42/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the Raad van State (Belgium) 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. Joliét, 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: Adrianus Thijssen, by Georges van Hecke, of the Brussels Bar, the Belgian Government, by J. Devadder, Director of Administration at the Ministry of Foreign Affairs, External Trade and Cooperation, acting as Agent, assisted by J. Putzeys, S. Gehlen and X. Leurquin, of the Brussels Bar, the United Kingdom, by S. Cochrane, of the Treasury Solicitor's Department, acting as Agent, assisted by Nicholas Paines, of the Bar of England and Wales, the Commission of the European Communities, by Antonio Caeiro, Legal Adviser, and Ben Smulders, of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of the applicant in the main proceedings, the United Kingdom and the Commission, at the hearing on 18 February 1993,

after hearing the Opinion of the Advocate General at the sitting on 24 March 1993,

gives the following

Judgment

Costs

1 Language of the case: Dutch.