Judgment of the Court (Fourth Chamber) 9 August 1994

In Case C-347/93, REFERENCE to the Court under Article 177 of the EEC Treaty by the Cour d'Appel, Brussels, for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fourth Chamber), composed of: M. Díez de Velasco, President of the Chamber, C. N. Kakouris and P. J. G. Kapteyn (Rapporteur), Judges, Advocate General: C. Gulmann, Registrar: D. Louterman-Hubeau, Principal Administrator,

after considering the written observations submitted on behalf of: the Belgian State, by Régine Orfinger-Karlin and Véronique Laurent, of the Brussels Bar, Boterlux SPRL, by Claude Magin, of the Brussels Bar, the Commission of the European Communities, by Xénophon Yataganas, of its Legal Service, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of the Belgian Government, Boterlux SPRL and the Commission at the hearing on 24 February 1994,

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

gives the following

Judgment

The first part of Question 1

The second part of Question 1 and Questions 2 and 3

Costs

1 Language of the case: French.