Judgment of the Court (Second Chamber) 20 June 1991

In Case C-39/90, REFERENCE to the Court under Article 177 of the EEC Treaty by the Verwaltungsgerichtshof (Higher Administrative Court) Baden-Württemberg for a preliminary ruling in the proceedings pending before that court between

THE COURT (Second Chamber), composed of: T. F. O'Higgins, President of the Chamber, G. F. Mancini and F. A. Schockweiler, Judges, Advocate General: M. Darmon, Registrar: V. Di Bucci, Administrator,

after considering the written observations submitted on behalf of: Denkavit Futtermittel GmbH, by V. Schiller, Rechtsanwalt, Cologne, Land Baden-Württemberg, by W. Ziegler, Ministerialrat at the Ministry for Rural Development, Food, Agriculture and Forestry of the Land Baden-Württemberg, the French Republic, by O. Pouzoulet, Assistant Director, and G. de Bergues, Principal Assistant Secretary, at the Department of Legal Affairs of the Ministry of Foreign Affairs, the Italian Republic, by Ivo M. Braguglia, Avvocato dello Stato, the Council of the European Communities, by Guus Houttuin, Administrator in its Legal Service, acting as Agent, the Commission of the European Communities, by J. Sack, Legal Adviser, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral submissions of Denkavit, of the Land Baden-Württemberg, represented by Joachim Hentze, Regierungsdirektor, and Toni Roth, Oberamtsrat, of the French Republic, and of the Council and the Commission of the European Communities at the hearing on 5 February 1991,

after hearing the Opinion of the Advocate General at the sitting on 5 March 1991,

gives the following

Judgment

The first question

The second and third questions

Costs

1 Language of the case: German.