Judgment of the Court 13 December 1990

In Case C-238/89, REFERENCE to the Court under Article 177 of the EEC Treaty by the Landgericht München I for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: G. F. Mancini, President of Chamber, acting as President, T. F. O'Higgins, J. C. Moitinho de Almeida, G. C. Rodriguez Iglesias and M. Diez de Velasco (Presidents of Chamber), Sir Gordon Slynn, C. N. Kakouris, F. A. Schockweiler, F. Grévisse, M. Zuleeg and P. J. G. Kapteyn, Judges, Advocate General: G. Tesauro Registrar: J. A. Pompe, Deputy Registrar,

after considering the observations submitted on behalf of Pall Corp., by Mr Pagenberg, Rechtsanwalt; P. J. Dahlhausen & Co., by Mr Donle, Rechtsanwalt; The Federal Republic of Germany, by Ernst Roder, Regierungsdirektor at the Ministry of Foreign Affairs, and Horst Teske, Ministerialrat at the Ministry of Justice, acting as Agents; the Iulian Republic, by Oscar Fiumara, avvocato dello Stato, acting as Agent; the United Kingdom of Great Britain and Northern Ireland, by S. J. Hay, of the Treasury Solicitor's Department, acting as Agent; the Commission of the European Communities, by its Legal Adviser, Jörn Sack, assisted by Renate Kubicki, official of the Ministry of Justice of the Federal Republic of Germany, on secondment to the Commission's Legal Department, acting as Agents;

having regard to the Report for the Hearing,

having heard the oral argument presented at the hearing on 3 July 1990 by P. J. Dahlhausen & Co., the Federal Republic of Germany, represented by Mr von Mühlendahl, the Italian Republic and the Commission,

after hearing the Opinion of the Advocate General delivered at the sitting on 9 October 1990,

gives the following

Judgment

Costs

1 Language of the case: German.