Judgment of the Court (Second Chamber) 7 October 1985

In Case 223/84 REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundesfinanzhof [Federal Finance Court] for a preliminary ruling in the proceedings pending before that court between

THE COURT (Second Chamber) composed of: O. Due, President of Chamber, P. Pescatore and K. Bahlmann, Judges, Advocate General: M. Darmon Registrar: H. A. Rühl, Principal Administrator

after considering the observations submitted on behalf of: Telefunken Fernseh und Rundfunk GmbH, the plaintiff in the main proceedings, by Bernhard Bott, Rechtsanwalt, Karben, the Commission of the European Communities, by its Legal Adviser, Peter Kalbe,

after hearing the Opinion of the Advocate General deliverd at the sitting on 26 September 1985,

gives the following

JUDGMENT

Decision

The relevant provisions

Question 1

Question 2

Costs

1 Language of the Case: German.