Judgment of the Court (Sixth Chamber) 19 October 1989

In Case 142/88 REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundesverwaltungsgericht (Federal Administrative Court) for a preliminary ruling in the proceedings pending before that court between

THE COURT (Sixth Chamber) composed of: C. N. Kakouris, President of Chamber, F. A. Schockweiler, T. Koopmans, G. F. Mancini and M. Diez de Velasco, Judges, Advocate General: G. Tesauro Registrar: B. Pastor, Administrator

after considering the observations submitted on behalf of Bergrohr AG, plaintiff in the main proceedings, respondent and cross-appellant, by Mr Ehle, Rechtsanwalt, Cologne, the Federal Republic of Germany, represented by the Bundesamt für Wirtschaft (Federal Office for Economic Affairs), defendant in the main proceedings, appellant, and respondent in the cross-appeal, by Mr Limberger, Rechtsanwalt, Frankfurt am Main, Hoesch AG, intervener in the main proceedings, appellant, and respondent in the cross-appeal, by Mr Stockburger, Rechtsanwalt, Frankfurt am Main, the Government of the Italian Republic, by Mr Ferrari Bravo, Head of the Department of Contentious Diplomatic Affairs at the Ministry of Foreign Affairs, acting as Agent, assisted by Mr Fiumara, avvocato dello Stato, the Commission of the European Communities, by its Legal Advisers, Mr Wagenbaur and Mr De March, acting as Agents,

having regard to the Report for the Hearing and further to the hearing on 20 April 1989,

after hearing the Opinion of the Advocate General delivered at the sitting on 27 June 1989,

gives the following

Judgment

The first question

The second question

Costs

1 Language of the case: German.