Judgment of the Court (Fifth Chamber) 19 April 1988

In Case 27/87 REFERENCE to the Court under Article 177 of the EEC Treaty by the tribunal de commerce (Commercial Court), Liège, for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fifth Chamber) composed of: G. Bosco, President of Chamber, J. C. Moitinho de Almeida, U. Everling, Y. Galmot and R. Joliét, Judges, Advocate General: J. Mischo Registrar: D. Louterman, Administrator

after considering the observations submitted on behalf of Louis Erauw-Jacquery SPRL, the plaintiff in the main proceedings, by G. Dehousse, of the Brussels Bar, in the oral procedure, La Hesbignonne, the defendant in the main proceedings, by Jan-J. Bossuyt and Philippe Evrard, of the Brussels Bar, the Commission of the European Communities, represented by Marie Wolfcarius, acting as Agent,

having regard to the Report for the Hearing and further to the hearing on 28 October 1987,

after hearing the Opinion of the Advocate General delivered at the sitting on 9 December 1987,

gives the following

Judgment

Compatibility with Article 85 (1) of the Treaty of the provision prohibiting the sale and exportation of E2 basic seed

Compatibility with Article 85 (1) of the Treaty of the provision imposing minimum prices for certified seed of any species

Costs

1 Language of the Case: French.