Judgment of the Court (Second Chamber) 7 April 1987

In Case 38/86 REFERENCE to the Court under Article 177 of the EEC Treaty by the Verwaltungsgericht Frankfurt am Main for a preliminary ruling in the proceedings pending before that court between

THE COURT (Second Chamber), composed of: T. F. O'Higgins, President of Chamber, O. Due and K. Bahlmann, Judges, Advocate General: J. Mischo Registrar: D. Louterman, Administrator

after considering the observations submitted on behalf of Firma Karl-Heinz Neumann, the plaintiff in the main proceedings, by Volker Schiller, Rechtsanwalt, Cologne, the Commission of the European Communities, by Peter Karpenstein, Legal Adviser,

having regard to the Report for the Hearing and further to the hearing on 5 February 1987,

after hearing the Opinion of the Advocate General delivered at the sitting on 18 March 1987,

gives the following

Judgment

Costs

1 Language of the Case: German.