JUDGMENT OF 22. 1. 1980 — CASE 30/79 LAND OF BERLIN v WIGEI

In Case 30/79 REFERENCE to the Court pursuant to Article 177 of the EEC Treaty by the Bundesverwaltungsgericht [Federal Administrative Court] for a preliminary ruling in the proceedings pending before that court between

THE COURT composed of: H. Kutscher, President, A. O'Keeffe and A. Touffait (Presidents of Chambers), J. Mertens de Wilmars, P. Pescatore, G. Bosco and O. Due, Judges, Advocate General: J.-P. Warner Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and Issues

I — Facts and procedure

II — Written observations submitted pursuant to Article 20 of the Protocol on the Statute of the Court of Justice of the EEC

A — Observations of the plaintiff in the main action (Wigei)

— The compatibility of the disputed charges with Community law

B — Observations of the German Government

— The compatibility of the disputed charges with Community law

C — Observations of the Commission

— The compatibility of the disputed charges with Community law

III — Oral procedure

Decision

Costs

1 In the order of the national court and in the course of the written procedure reference was erroneously made to Article 11 (2) of Regulation No 123/67 of the Council of 13 June 1967 on the common organization of the market in poultry-meat (Official Journal, English Special Edition 1967, p. 63). Regulation No 123/67 was repealed and replaced by Regulation No 2777/75 with effect from 1 November 1975 but the mistake is of no importance as the two provisions are in substance identical.