Judgment of the Court (Fifth Chamber) 7 December 1993

In Case C-83/92, REFERENCE to the Court under Article 1 77 of the EEC Treaty by the Consiglio di Stato (Italy) for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fifth Chamber), composed of: J. C. Moitinho de Almeida, President of the Chamber, R. Joliét and G. C. Rodriguez Iglesias, Judges, Advocate General: C. O. Lenz, Registrar: H. von Holstein, Deputy Registrar,

after considering the written observations submitted on behalf of: the Italian Government, represented by Professor Luigi Ferraro Bravo, Head of the Department for Contentious Diplomatic Affairs at the Ministry of Foreign Affairs, acting as Agent, and by Francesco Guicciardi, Avvocato dello Stato, the Portuguese Government, represented by Maria Luisa Duarte, Legal Adviser at the Directorate-General for the European Communities at the Ministry for Foreign Affairs, Luis Ines Fernandes, director of the Legal Department of the Directorate-General for the European Communities at the same Ministry, and Claudio Monteiro, Legal Adviser at the Directorate-General for Medicinal Products, acting as Agents, the Commission of the European Communities, represented by Antonio Aresu, of its Legal Service, and Virginia Melgar, a national officer seconded to the Legal Department, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of the Italian Government, represented by Professor Luigi Ferraro Bravo, Head of the Department for Contentious Diplomatic Affairs at the Ministry of Foreign Affairs, assisted by Oscar Fiumara, Avvocato dello Stato, the Portuguese Government and the Commission at the hearing on 24 June 1993,

after hearing the Opinion of the Advocate General at the sitting on 15 July 1993,

gives the following

Judgment

First question

Second question

Costs

1 Language of the case: Italian.