Judgment of the Court (Fifth Chamber) 5 October 1994

In Joined Cases C-133/93, C-300/93 and C-362/93, REFERENCE to the Court under Article 177 of the EEC Treaty by the Pretura Circondariale di Perugia in Case C-133/93 and by the Pretura Circondariale di Caserta in Cases C-300/93 and C-362/93 for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fifth Chamber), composed of: J. C. Moitinho de Almeida (Rapporteur), President of the Chamber, R. Joliet, G. C. Rodríguez Iglesias, F. Grévisse and M. Zuleeg, Judges, Advocate General: F. G. Jacobs, Registrar: L. Hewlett, Administrator,

after considering the written observations submitted on behalf of:

in Case C-133/93: Antonio Crispoltoni, by Emilio Cappelli and Paolo De Caterini, of the Rome Bar, and Fabio Nisi, of the Perugia Bar, the Italian Government, by Professor Luigi Ferrari Bravo, head of the Department for Legal Affairs of the Ministry of Foreign Affairs, acting as Agent, assisted by Oscar Fiumara, Avvocato dello Stato, the Greek Government, by Vassileios Kontolaimos, Assistant Legal Adviser, and Fotini Dedoussi, legal representative, of the State Legal Service, acting as Agents, the Council of the European Union, by Bernhard Schloh and Tito Gallas, Legal Advisers, acting as Agents, the Commission of the European Communities, by Eugenio de March, Legal Adviser, acting as Agent, assisted by Alexandre Carnelutti, of the Paris Bar;

in Case C-300/93: Giuseppe Natale, by Emilio Cappelli and Paolo De Caterini, the Greek Government, by Vassileios Kontolaimos and Christina Sitara, legal representative of the State Legal Service, acting as Agents, the Council of the European Union, by Bernhard Schloh and Tito Gallas, Legal Advisers, acting as Agents, the Commission of the European Communities, by Eugenio de March, acting as Agent;

in Case C-362/93: Antonio Pontillo, by Emilio Cappelli and Paolo De Caterini, the Council of the European Union, by Bernhard Schloh and Tito Gallas, acting as Agents, the Commission of the European Communities, by Eugenio de March, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of Antonio Crispoltoni, Giuseppe Natale and Antonio Pontillo, represented by Emilio Cappelli, counsel, of the Greek Government, represented by Vassileios Kontolaimos, acting as Agent, of the Italian Government, represented by Oscar Fiumara, Avvocato dello Stato, of the Council, represented by Bernhard Schloh and Tito Gallas, acting as Agents, and of the Commission, represented by Eugenio de March, acting as Agent, assisted by Alexandre Carnelutti, at the hearing on 24 March 1994,

after hearing the Opinion of the Advocate General at the sitting on 19 May 1994,

gives the following

Judgment

Case C-133/93

Admissibility

Substance

A — The alleged misuse of powers

B — The alleged breach of the principle of proportionality

C — The alleged discrimination

D — The alleged breach of the principle of the protection of legitimate expectations

Cases C-300/93 and C-362/93

Costs

1 Language of the case: Italian.