Judgment of the Court 23 February 1994

In Case C-419/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunale Amministrativo Regionale per la Sardegna (Italy) for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: O. Due, President, G. E Mancini, J. C. Moitinho de Almeida and M. Diez de Velasco (Rapporteur), (Presidents of Chambers), C. N. Kakouris, F. A. Schockweiler, M. Zuleeg, P. J. G. Kapteyn and J. L. Murray, Judges, Advocate General: F. G.Jacobs, Registrar: D. Louterman-Hubeau, Principal Administrator,

after considering the written observations submitted on behalf of: Ingetraut Scholz, by Eligio Simbula, Advocate at the Supreme Court of Cassation, the Italian Government, by Professor Luigi Ferrari Bravo, Head of the Department for Legal Affairs in the Ministry of Foreign Affairs, acting as Agent, assisted by Pier Giorgio Ferri, Avvocato dello Stato, the French Government, by Jean-Pierre Puissochet, Director of the Legal Affairs Department of the Ministry of Foreign Affairs, acting as Agent, assisted by Claude Chavance, Attaché Principal d'Administration Centrale, acting as Agents, the Commission of the European Communities, by Dimitrios Gouloussis, Legal Adviser, and Enrico Traversa, a member of the Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Mrs Scholz, the Italian Government, the French Government and the Commission, at the hearing on 10 November 1993,

after hearing the Opinion of the Advocate General at the sitting on 15 December 1993,

gives the following

Judgment

Costs

1 Language of the case: Italian.