Judgment of the Court (Fifth Chamber) 13 December 1989

In Case C-26/88 REFERENCE to the Court under Article 177 of the EEC Treaty by the Hessisches Finanzgericht (Finance Court, Hessen) for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fifth Chamber) composed of: Sir Gordon Slynn, President of Chamber, M. Zuleeg, R. Joliet, J. C. Moitinho de Almeida and G. C. Rodríguez Iglesias, Judges, Advocate General: W. Van Gerven Registrar: J. A. Pompe, Deputy Registrar

after considering the observations submitted on behalf of Brother International GmbH, by G. Laule, Rechtsanwalt, Frankfurt am Main, the French Government, by E. Belliard and C. Chavance, acting as Agents, the Netherlands Government, by H. J. Heinemann, acting as Agent, the Commission of the European Communities, by its Legal Adviser, J. Sack, assisted by R. Wagner, acting as Agents,

having regard to the Report for the Hearing and further to the hearing on 16 February 1989,

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

gives the following

Judgment

The interpretation of Article 5 of Regulation (EEC) No 802/68

The interpretation of Article 6 of Regulation (EEC) No 802/68

Costs

1 Language of the case: German.