Judgment of the Court (Fifth Chamber) 10 December 1985

In Case 247/84 REFERENCE to the Court under Article 177 of the EEC Treaty by the Cour d'appel [Court of Appeal], Brussels, for a preliminary ruling in the criminal proceedings pending before that court against

THE COURT (Fifth Chamber) composed of: U. Everling, President of Chamber, R. Joliét, O. Due, Y. Galmot and C. Kakouris, Judges, Advocate General G. F. Mancini Registrar: H. A. Rühi, Principal Administrator

after considering the observations submitted on behalf of: Léon Motte, the accused in the main proceedings, by J. L. Fagnart, of the Brussels Bar, the Government of the Federal Republic of Germany, at the hearing, by E. Roeder, of the Federal Ministry of Economic Affairs, acting as Agent, the Government of Belgium, by R. Hoebaer, Director at the Ministry of Foreign Affairs, Foreign Trade and Cooperation with Developing Countries, acting as Agent, assisted by C. Cremer, Inspector, Head of Department at the Ministry of Public Health, in the capacity of expert, the Government of Denmark, at the hearing, by L. Mikaelsen, Legal Adviser at the Ministry of Foreign Affairs, acting as Agent, assisted by U. Hansen, of the Institute of Foodstuffs, Denmark, the Government of the Netherlands, in the written procedure, by I. Verkade, Secretary-General at the Ministry of Foreign Affairs, acting as Agent, the Commission of the European Communities, by D. Jacob, a member of its Legal Department, acting as Agent, assisted by E. Gaerner, in the capacity of expert,

after hearing the Opinion of the Advocate General delivered at the sitting on 22 October 1985,

gives the following

JUDGMENT

Decision

Costs

1 Language of the case: French.