Judgment of the Court 23 February 1994

In Case C-236/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the President of the Tribunale Amminstrativo Regionale (Regional Administrative Court), Lombardy, Italy, for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: O. Due, President, G. F. Mancini and D. A. O. Edward (Presidents of Chambers), C. N. Kakouris (Rapporteur), R. Joliét, F. A. Schockweiler, G. C. Rodríguez Iglesias, P. J. G. Kapteyn and J. Murray, Judges, Advocate General: M. Darmon, Registrar: H. Von Holstein, Deputy Registrar,

after considering the written observations submitted on behalf of: Progesam Ecosistemi Sri and Gesam SpA, by G. F Ferrari and R. Cafari Panico, of the Pavia Bar, the United Kingdom, by J. E. Collins, Treasury Solicitor's Department, acting as Agent, the Commission of the European Communities, by L. Gussetti, a member of its Legal Service, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of Progesam Ecosistemi Sri and Gesam SpA, the United Kingdom, represented by D. Wyatt, Barrister, and the Commission at the hearing on 14 September 1993,

after hearing the Opinion of the Advocate General at the sitting on 17 November 1993,

gives the following

Judgment

Costs

1 Language of the case: Italian.