Judgment of the Court (Sixth Chamber) 20 January 1994

In Case C-129/92, REFERENCE to the Court, under the Protocol of 3 June 1971 on the interpretation by the Court of Justice of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, by the House of Lords for a preliminary ruling in the proceedings pending before that court between

THE COURT (Sixth Chamber), composed of: G.F. Mancini, President of the Chamber, M. Díez de Velasco, C.N. Kakouris and RA. Schockweiler, Judges, and P.J.G. Kapteyn, Judge-Rapporteur, Advocate General: CO. Lenz, Registrar: H.A. Rühl, Principal Administrator,

after considering the written observations submitted on behalf of: Fulvio Bracco and Bracco Industria Chimica SpA, by Barbara Dohmann QC and Thomas Beazley, Barrister, the United Kingdom, by S. Lucinda Hudson, of the Treasury Solicitor's Department, and the Commission of the European Communities, by Xavier Lewis and Pieter van Nuffel, members of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Fulvio Bracco and Bracco Industria Chimica SpA, represented by Barbara Dohmann QC, Thomas Beazley and Michelle Duncan, Solicitor, of the United Kingdom, represented by S. Lucinda Hudson, assisted by Sarah Lee, Barrister, and of the Commission at the hearing on 8 July 1993,

after hearing the Opinion of the Advocate General at the sitting on 16 September 1993,

gives the following

Judgment

The first and second questions

The third question

Costs

1 Language of the case: English.