Judgment of the Court (Sixth Chamber) 13 July 1994

In Case C-130/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the Corte Suprema di Cassazione (Supreme Court of Cassation) 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, C. N. Kakouris, F. A. Schockweiler, P. J. G. Kapteyn and J. L. Murray (Rapporteur), Judges, Advocate General: C. O. Lenz, Registrar: J.-G. Giraud,

after considering the written observations submitted on behalf of: OTO SpA, by Carmelo Monaco, Advocate with the right to plead before the Corte di Cassazione, the Italian Government, by Professor Luigi Ferrari Bravo, Head of the Legal Department of the Ministry of Foreign Affairs, acting as Agent, assisted by Oscar Fiumara, Avvocato dello Stato, the Commission of the European Communities, by Antonio Aresu, of the Legal Service, acting as Agent,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 13 May 1993,

gives the following

Judgment

Costs

1 Language of the case: Italian.