Judgment of the Court (Sixth Chamber) 5 March 1991

In Case C-376/89, 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 (Sixth Chamber), composed of: G. F. Mancini, President of the Chamber, T. F. O'Higgins, C. N. Kakouris, F. A. Schockweiler and P. J. G. Kapteyn, Judges, Advocate General: M. Darmon, Registrar: V. Di Bucci, Administrator,

after considering the written observations submitted on behalf of: the City of Reutlingen, by Jürgen Baum, Rechtsanwalt, Reutlingen; the Commission, by Friedrich-Wilhelm Albrecht and Antonio Caeiro, Members of its Legal Department, acting as Agents;

having regard to the Report for the Hearing,

after hearing oral argument on behalf of Panagiotis Giagounidis, represented by Ingrid Laitenberger-Schierle, Rechtsanwältin, Tübingen, and the Commission, represented by H. Etienne, Legal Adviser, acting as Agent, at the hearing on 13 November 1990,

after hearing the Opinion of the Advocate General at the sitting on 16 January 1991,

gives the following

Judgment

The first question

The second question

Costs

1 Language of the case: German.