Judgment of the Court (Third Chamber) 15 January 1991

In Case C-215/89, REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundesverwaltungsgericht for a preliminary ruling in the proceedings pending before that court between

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

after considering the observations submitted on behalf of: Mr Eddelbiittel, the plaintiff in the main proceedings, by R. A. Petersen, Rechtsanwalt, Lüneburg, the Commission of the European Communities by its Legal Adviser Dierk Booss, acting as Agent, assisted by Michael Schütte, Rechtsanwalt, Hamburg and Brussels,

having regard to the Report for the Hearing,

after hearing oral argument by the Commission, represented by Hans-Jürgen Rabe, Rechtsanwalt, Hamburg, at the hearing on 2 October 1990,

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

gives the following

Judgment

The first question

The second question

Costs

1 Language of the case: German.