Judgment of the Court (Fifth Chamber) 14 April 1994

In Case C-389/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the Raad van State, Belgium, 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, R. Joliét, G. C. Rodríguez Iglesias, F. Grévisse (Rapporteur) and M. Zuleeg, Judges, Advocate General: C. Gulmann, Registrar: D. Louterman-Hubeau, Principal Administrator,

after considering the written observations submitted on behalf of: Ballast Nedam Groep NV, the applicant in the main proceedings, by Marc Senelle, of the Brussels Bar, the Commission of the European Communities, by Hendrik van Lier, Legal Advisor, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of the applicant in the main proceedings and the Commission at the hearing on 13 January 1994,

after hearing the Opinion of the Advocate General at the sitting on 24 February 1994,

gives the following

Judgment

Costs

1 Language of the case: Dutch.