Judgment of the Court (Fifth Chamber) 29 June 1994

In Case C-403/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the French Cour de Cassation 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. Joliet (Rapporteur), G. C. Rodriguez Iglesias, F. Grévisse and M. Zuleeg, Judges, Advocate General: F. G. Jacobs, Registrar: D. Louterman-Hubeau, Principal Administrator,

after considering the written observations submitted on behalf of: Claire Lafforgue and François Baux, by Jacques Boré and Olivier Monroux, of the Libourne Bar, and Lise Funck-Brentano, of the Paris Bar, Société Civile Immobilière Château de Calce and Société Coopérative de Calce, by Laurent Parmentier, of the Paris Bar, the French Government, by Philippe Pouzoulet, Deputy Director in the Directorate for Legal Affairs at the Ministry of Foreign Affairs, and Jean-Louis Falconi, Secretary for Foreign Affairs in the same directorate, acting as Agents, the Italian Government, by Professor Luigi Ferrari Bravo, Head of the Legal Affairs Department in the Ministry of Foreign Affairs, acting as Agent, assisted by Ivo Braguglia, Avvocato dello Stato, the Commission of the European Communities, by Gerard Rozet, Legal Adviser, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of Claire Lafforgue and François Baux, Société Civile Immobilière Château de Calce and Société Coopérative de Calce, the French Government and the Commission, at the hearing on 2 December 1993,

after hearing the Opinion of the Advocate General at the sitting on 10 February 1994,

gives the following

Judgment

The first question

The second question

Costs

1 Language of the case: French.