Judgment of the Court (Third Chamber) 18 March 1986

In Case 58/85 REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundesfinanzhof for a preliminary ruling in the proceedings pending before that court between

THE COURT (Third Chamber) composed of: U. Everling, President of Chamber, Y. Galmot and C. Kakouris, Judges, Advocate General: J. Mischo Registrar: K. Riechenberg, acting as administrator

after considering the observations submitted on behalf of Ethicon GmbH, by D. Ehle, Rechtsanwalt, Cologne, the Council of the European Communities, by its Legal Adviser, B. Schloh, acting as Agent, the Commission of the European Communities, by its Legal Adviser, P. Kalbe, acting as Agent,

after hearing the Opinion of the Advocate General delivered at the sitting on 27 February 1986,

gives the following

JUDGMENT

Decision

The first question

The second question

Costs

1 Language of the Case: German.