Judgment of the Court (Fifth Chamber) 28 March 1985

In Case 96/84 REFERENCE to the Court under Article 177 of the EEC Treaty by the Amtsgericht Köln [Local Court, Cologne] for a preliminary ruling in the action pending before that court between

THE COURT (Fifth Chamber) composed of: O. Due, President of Chamber, C. Kakouris, U. Everling, Y. Galmot and R. Joliét, Judges, Advocate General: C. O. Lenz Registrar: J. A. Pompe, Deputy Registrar

gives the following

JUDGMENT

Decision

The first question

The second question

Costs

1 Language of the Case: German.

2 after considering the observations submitted on behalf of the plaintiff by Mr B. Eeldering, the defendant by Dr G. Meier, the Netherlands Government by Mr I. Verkade, acting as Agent, the Commission of the European Communities by Mr J. Grünwald, acting as Agent, after hearing the Opinion of the Advocate General delivered at the sitting on 15 January 1985,