JUDGMENT OF 20. 2. 1973 — CASE 54/72 FOR v VKS

In Case 54/72 Reference to the Court of Justice, under Article 177 of the EEC Treaty, by the Tribunale at Biella for a preliminary ruling in the action pending before that Court between

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

gives the following

JUDGMENT

Issues of fact and of law

I — Facts and procedure

II — Observations submitted under Article 20 of the Statute

A — Observations of the Commission of the European Communities

On the first question

On the second and third questions

B — Observations of the Government of the Federal Republic of Germany

On the first question

On the second question

On the third question

C — Observations of the Italian Government

On the first question

On the second and third questions

D — Observations of FOR

I — Examination of the case in relation to the situation obtaining before 1 January 1968 (First question)

1. On the infringement of Article 95

2. On the infringement of Articles 30 et seq. of the Treaty

II — Examination of the case in relation to the situation obtaining in Germany after 1 January 1968

Grounds of judgment

As to the first question

As to the second and third questions

Costs