Judgment of the Court (Fifth Chamber) 11 July 1989

In Case 195/87 REFERENCE to the Court under Article 177 of the EEC Treaty by the College van Beroep voor het Bedrijfsleven (Administrative court of last instance in matters of trade and industry) for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fifth Chamber) composed of: R. Joliét, President of Chamber, Sir Gordon Slynn, J. C. Moitinho de Almeida, G. C. Rodriguez Iglesias and M. Zuleeg, Judges, Advocate General: G. Tesauro Registrar: H. A. Rühi, Principal Administrator

after considering the observations submitted on behalf of Cehave NV, by B. H. ter Kuile, of the Hague Bar, the Hoofproduktschap (Central Board for Agricultural Products), by its Company Secretary, A. W. F. Helmstrijd, the Italian Government, by Ivo M. Braguglia, avvocato dello Stato, acting as Agent, the Council of the European Communities, by A. Bräutigam, acting as Agent, the Commission of the European Communities, by R. C. Fischer, Legal Adviser, acting as Agent,

having regard to the Report for the Hearing and further to the hearing on 1 March 1989,

after hearing the Opinion of the Advocate General delivered at the sitting on 20 April 1989,

gives the following

Judgment

The first question

The second and fourth questions

The third and fifth questions

Costs

1 Language of ihe case: Dutch.