Judgment of the Court (Sixth Chamber) 12 May 1989

In Case 246/87 REFERENCE to the Court under Article 177 of the EEC Treaty by the Finanzgericht München for a preliminary ruling in the action pending before that court between

THE COURT (Sixth Chamber) composed of: T. Koopmans, President of Chamber, G. F. Mancini, C. F. Kakouris, F. A. Schockweiler and M. Diez de Velasco, Judges, Advocate General: M. Darmon Registrar: D. Louterman, Principal Administrator

after considering the observations submitted on behalf of the Council of the European Communities, by H.-J. Lambers, a Director in the Legal Department of the Council, in the written and oral procedure, and by E. Stein, Legal Adviser in that department, both acting as Agents, in the written procedure, the Commission of the European Communities, by P. Gilsdorf, Legal Adviser, acting as Agent, in the written procedure, assisted by R. Wagner, a German judge on secondment under the programme for the exchange of officials, in the written and oral procedure, the Hellenic Government, by Y. Kranidiotis, special secretary at the Ministry of Foreign Affairs, acting as Agent, in the written procedure, and by N. Frangakis, Head of the Legal Department at the Office of the Greek Permanent Representative at the European Communities and E. Marinou, a member of the special department for Community law at the Ministry of Foreign Affairs, both acting as Agents, in the oral procedure,

having regard to the Report for the Hearing and further to the Hearing on 24 January 1989,

after hearing the Opinion of the Advocate General delivered at the sitting on 16 February 1989,

gives the following

Judgment

Costs

1 Language of the case German