Judgment of the Court (Second Chamber) 28 June 1990

In Case C-174/89 REFERENCE to the Court under Article 177 of the EEC Treaty by the Verwaltungsgericht (Administrative Court) Frankfurt am Main (Federal Republic of Germany) for a preliminary ruling in the proceedings pending before that court between

THE COURT (Second Chamber) composed of: F. A. Schockweiler, President of Chamber, G. F. Mancini and T. F. O'Higgins, Judges, Advocate General: C. O. Lenz Registrar: H. A. Rühi, Principal Administrator

after considering the written observations submitted on behalf of Hoche, by Günther Beckstein, Hans-Otto Jordan and Peter Jungnickl, Rechtsanwälte, Nuremberg (Federal Republic of Germany), the Commission, by Dierk Booss, Legal Adviser, and Klaus-Dieter Borchardt, a member of its Legal Department, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations submitted on behalf of Hoche GmbH, represented by Cornelia Kienlein, Rechtsanwältin, Nuremberg, and by the Commission, represented by Dierk Booss and Sören Bechsgaard, Adviser in the Directorate-General for Agriculture, at the hearing on 8 March 1990,

after hearing the opinion of the Advocate General delivered at the sitting on 2 May 1990,

gives the following

Judgment

The first question

The second question

Costs

1 Language of the case: German.