JUDGMENT OF 11. 7. 1973 — CASE 3/73 HESSISCHE MEHLINDUSTRIE v EINFUHR- UND VORRATSSTELLE GETREIDE

In Case 3/73 Reference to the Court under Article 177 of the EEC Treaty by the Hessischer Verwaltungsgerichtshof, VIIth Senate, 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, H. Kutscher, C. Ó Dálaigh (Rapporteur), M. Sørensen and A. J. Mackenzie Stuart, Judges, Advocate-General: J. P. Warner Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Facts and procedure

A — Regulation No 172/67 of the Council To qualify for the premium, denaturing should be effected in agreement with the intervention agency and under its supervision.

B — Regulation No 1403/69 of the Commission The granting of a denaturing premium shall be subject to supervision by the intervention agency of the process of denaturing of common wheat, or of its admixture, unaltered, with compound feedingstuffs falling within Heading No 23.07 of the Common Custom Tariff… (Art. 4 (3)).

II — Written Observations submitted before the Court under Article 20 of the Statute

A — The plaintiff

B — The Commission

C — The German Government

Grounds of judgment

(a) As to the first part of the question

(b) As to the second part of the question

Costs