JUDGMENT OF THE COURT (Third Chamber) 2 May 1990

In Case C-357/88 REFERENCE to the Court under Article 177 of the EEC Treaty by the Verwaltungsgericht (Administrative Court) Frankfurt am Main for a preliminary ruling in the proceedings pending before that court between

THE COURT (Third Chamber) composed of: M. Zuleeg, President of Chamber, J. C. Moitinho de Almeida and F. Grévisse, Judges, Advocate General: G. Tesauro Registrar: H. A. Rühi, Principal Administrator

after considering the observations submitted on behalf of the applicant in the main proceedings, by Jürgen Gündisch, of the Hamburg Bar, the Commission of the European Communities, by Jürgen Grunwald, a member of its Legal Department, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations made by the applicant in the main proceedings and by the Commission, represented by Jürgen Grunwald, acting as Agent, at the hearing on 23 November 1989,

after hearing the Opinion of the Advocate General delivered at the sitting on 23 January 1990,

gives the following

Judgment

Costs

1 Language of the case: German.