Judgment of the Court (Second Chamber) 15 December 1994

In Case C-136/93, REFERENCE to the Court under Article 177 of the EEC Treaty by the Sala de lo Contencioso-Administrativo of the Audiencia Nacional for a preliminary ruling in the proceedings pending before that court between

THE COURT (Second Chamber), composed of: F. A. Schockweiler, President of the Chamber, G. F. Mancini and J. L. Murray (Rapporteur), Judges, Advocate General: W. Van Gerven, Registrar: D. Louterman-Hubeau, Principal Administrator,

after considering the written observations submitted on behalf of: Transáfrica SA, by José Pérez Santos, of the Madrid Bar, the Spanish Government, by Alberto Navarro González, Director-General for Community Legal and Institutional Coordination, and Gloria Calvo Díaz, State Attorney, acting as Agents, the Commission of the European Communities, by Francisco Santaolalla, Legal Adviser, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of Transáfrica SA, represented by Jaime Folguera Crespo, of the Madrid Bar, the Spanish Government and the Commission of the European Communities at the hearing on 3 March 1994,

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

gives the following

Judgment

Costs

1 Language of the case: Spanish.