Judgment of the Court (Fifth Chamber) 5 October 1994

In Case C-55/93, REFERENCE to the Court under Article 177 of the EEC Treaty by the Hoge Raad der Nederlanden for a preliminary ruling in the criminal proceedings pending before that court against

THE COURT (Fifth Chamber), composed of: J. C. Moitinho de Almeida, President of the Chamber, R. Joliét, G. C. Rodriguez Iglesias, F. Grévisse and M. Zuleeg (Rapporteur), Judges, Advocate General: F. G. Jacobs, Registrar: H. A. Rühi, Principal Administrator,

after considering the written observations submitted on behalf of: Johannes Gerrit Cornells van Schaik, by himself, the Netherlands Government, by A. Bos, Legal Adviser at the Ministry of Foreign Affairs, acting as Agent, the German Government, by Ernst Röder and Claus-Dieter Quassowski, Ministerialrat and Regierungsdirektor respectively at the Federal Ministry for Economic Affairs, acting as Agents, Ireland, by Michael A. Buckleý, Chief State Solicitor, acting as Agent, the Commission of the European Communities, by B. J. Drijber and P. van Nuffel, of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Mr van Schaik, represented by C. M. Hermand, of the Maastricht Bar, of the Netherlands Government, represented by J. W. de Zwaan, Assistant Legal Adviser at the Ministry of Foreign Affairs, acting as Agent, and of the Commission, represented by P. van Nuffel, acting as Agent, at the hearing on 28 April 1994,

after hearing the Opinion of the Advocate General at the sitting on 9 June 1994,

gives the following

Judgment

The free movement of goods

The freedom to provide services

The rules on competition

Costs

1 Language of lhe case: Dutch.