Judgment of the Court (Fourth Chamber) 18 January 1990

In Case C-345/88 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 (Fourth Chamber) composed of: C. N. Kakouris, President of Chamber, T. Koopmans and M. Diez de Velasco, Judges, Advocate General: F. G. Jacobs Registrar: H. A. Rühi, Principal Administrator

after considering the observations submitted on behalf of Butterabsatz Osnabrück-Emsland eG, party to the main proceedings, respondent in the appeal on a point of law, by Jürgen Gündisch, Rechtsanwalt, Hamburg, the Government of the Federal Republic of Germany, party to the main proceedings, appellant on a point of law, by Michael Bergemann, Regierungsrat at the Bundesamt für Ernährung und Forstwirtschaft, acting as Agent, the Commission of the European Communities, by Bernhard Jansen, a member of its Legal Department, acting as Agent,

having regard to the Report for the Hearing and further to the hearing on 11 October 1989,

after hearing the Opinion of the Advocate General delivered at the sitting on 22 November 1989,

gives the following

Judgment

First and second questions (validity of Article 5(3)(b) of Regulation No 2793/77)

Third and fourth questions (interpretation of the provisions relating to statements of herd size)

Costs

1 Language of the case: German.