Judgment of the Court (First Chamber) 28 February 1989

In Case 201/87 REFERENCE to the Court under Article 177 of the EEC Treaty by the College van Beroep voor het Bedrijfsleven for a preliminary ruling in the proceedings pending before that court between

THE COURT (First Chamber) composed of: R. Joliét, President of Chamber, Sir Gordon Slynn and G. C. Rodriguez Iglesias, Judges, Advocate General: G. Tesauro Registrar: B. Pastor, Administrator

after considering the observations submitted on behalf of: Cargill BV, the plaintiff in the main proceedings, by E. H. Pijnacker Hordijk, of the Brussels Bar, the Commission of the European Communities, by its legal adviser R. C. Fischer, and P. Hetsch, a member of its Legal Department, acting as Agents,

having regard to the Report for the Hearing and further to the hearing on 9 November 1988,

after hearing the Opinion of the Advocate General delivered at the sitting on 14 December 1988,

gives the following

Judgment

The first question

The second question

Costs

1 Language oí the case: Dutch.