Judgment of the Court (Fifth Chamber) 24 February 1994

In Case C-100/92, REFERENCE to the Court under Article 41 of the ECSC 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, D. A. O. Edward, R. Joliét (Rapporteur), G. C. Rodriguez Iglesias and F. Grevisse, Judges, Advocate General: C. Gulmann, Registrar: L. Hewlett, Administrator,

after considering the written observations submitted on behalf of: Fonderia A. SpA, by Angelo Picotti, of the Brescia Bar, 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 Ivo M. Braguglia, Avvocato dello Stato, the Commission of the European Communities, by Lucio Gussetti and Vittorio Di Bucci, members of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Fonderia A. SpA, the Italian Government and the Commission at the hearing on 27 May 1993,

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

gives the following

Judgment

Costs

1 Language of the case: Italian.