Judgment of the Court (Third Chamber) 18 April 1989

In Case 358/87 REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundesverwaltungsgericht for a preliminary ruling in the proceedings pending before that court between

THE COURT (Third Chamber) composed of: F. Grévisse, President of Chamber, J. C. Moitinho de Almeida and M. Zuleeg, Judges, Advocate General: F. G. Jacobs Registrar: B. Pastor, Administrator

after considering the observations presented on behalf of Kurt Drewes, by H. H. Speckhan, Rechtsanwalt, the Government of the Federal Republic of Germany, by M. Seidel and H. J. Horn, acting as Agents, the French Government, by E. Belliard and Géraud de Bergues, acting as Agents, the Council of the European Communities, by A. Brautigam, acting as Agent, the Commission of the European Communities, by D. Booss, acting as Agent,

having regard to the Report for the Hearing and further to the hearing on 26 January 1989,

after hearing the Opinion of the Advocate General delivered at the sitting on 26 January 1989,

gives the following

Judgment

The first question

The second question

The third question

The fourth question

Costs

1 Language of the case German