Judgment of the Court 13 April 1994

In Case C-128/92, REFERENCE to the Court of Justice by the High Court of Justice of England and Wales (Queen's Bench Division) for a preliminary ruling under Article 41 of the ECSC Treaty and Article 177 of the EEC Treaty in the proceedings pending before that court between

THE COURT, composed of: O. Due, President, G. F. Mancini (Rapporteur), J. C. Moitinho de Almeida, M. Diez de Velasco (Presidents of Chambers), C. N. Kakouris, R. Joliét, F. A. Schockweiler, G. C. Rodríguez Iglesias, F. Grévisse, M. Zuleeg and P. J. G. Kapteyn, Judges, Advocate General: W. Van Gerven, Registrar: Lynn Hewlett, Administrator,

after considering the written observations submitted on behalf of: H. J. Banks & Company Limited, by Jonathan Hirst QC and Nicholas Green, Barrister, both instructed by Ingledew Botterell, Solicitors, British Coal Corporation, by David Vaughan QC, David Lloyd Jones, Barrister, both instructed by Peter Sigler and Rebekah Gershuny, Solicitors, the United Kingdom, by John E. Collins, of the Treasury Solicitor's Department, acting as Agent, and Richard Plender QC, the Commission of the European Communities, by Giuliano Marenco, Legal Adviser, and Julian Currall, a member of the Commission's Legal Service, acting as Agents, assisted by Stephen Kon, Solicitor,

having regard to the Report for the Hearing,

after hearing the oral observations of H. J. Banks & Company Limited, British Coal Corporation, the United Kingdom, represented by Stephen Richards, Barrister, and the Commission of the European Communities, at the hearing on 14 July 1993,

after hearing the Opinion of the Advocate General at the sitting on 27 October 1993,

gives the following

Judgment

Questions 1 and 2

Question 3

Questions 4 and 5

Question 6

Costs

1 Language of the case: English.