JUDGMENT OF 12. 5. 1971 — CASE 76/70 WÜNSCHE v HAUPTZOLLAMT LUDWIGSHAFEN

In Case 76/70 Reference to the Court under Article 177 of the EEC Treaty by the Finanzgericht Rheinland-Pfalz for a preliminary ruling in the action pending before that court between

THE COURT composed of: R. Lecourt, President, A. M. Donner (Rapporteur) and A. Trabucchi, Presidents of Chambers, R. Monaco, J. Mertens de Wilmars, Judges, Advocate-General: K. Roemer Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Summary of the facts and course of the procedure

II — Summary of the observations of the parties

A — The first question

1. Observations of the Commission

2. Observations of the plaintiff

B — The second question

1 . Observations of the Commission

2 . Observations of the plaintiff

Grounds of judgment

The first question

The second question

Costs

1 Regulation No 13/64/EEC of the Council of 5 February 1964 on the progressive establishment of a common organization of the market in milk and milk products (Official Journal 1964, No 34. p. 549).