Judgment of the Court (Fourth Chamber) 18 October 1988

In Case 121/87 REFERENCE to the Court under Article 177 of the EEC Treaty by the Verwaltungsgericht (Administrative Court) Frankfurt am Main for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fourth Chamber) composed of: T. Koopmans, President of Chamber, C. N. Kakouris and G. C. Rodríguez Iglesias, Judges, Advocate General: Sir Gordon Slynn Registrar: B. Pastor, Administrator

after considering the observations submitted on behalf of: Bayernwald Früchteverwertung GmbH, the plaintiff in the main proceedings, by V. Schiller, of the Cologne Bar, in the written procedure and at the hearing; the Government of the Federal Republic of Germany, the defendant in the main proceedings, by Mr Apelt, acting as Agent, in the written procedure, and by Mr Bergemann, acting as Agent, at the hearing, the Commission of the European Communities, by Dierk Booss, acting as Agent, in the written procedure and at the hearing,

having regard for the Report for the Hearing and further to the hearing on 6 July 1988,

after hearing the Opinion of the Advocate General delivered at the sitting of the same date,

gives the following

Judgment

The relevant legal provisions

The main proceedings

Question (a)

Question (b)

Costs

1 Language of the Case: German.