Judgment of the Court (Sixth Chamber) 25 July 1991

In Case C-76/90, REFERENCE to the Court under Article 1 77 of the EEC Treaty by the Oberlandesgericht (Higher Regional Court) München (Germany) 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: F. G. Jacobs, Registrar: D. Louterman, Principal Administrator,

after considering the written observations submitted on behalf of: Manfred Säger, by P. B. Schäuble, Rechtsanwalt, Munich, Dennemeyer & Co. Ltd, by L. Donle, Rechtsanwalt, Munich, and C. Vajda, of the Bar of England and Wales, the German Government, by H. Teske, Ministerialrat, at the Federal Ministry of Justice, and J. Karl, Oberregierungsrat at the Ministry for Economic Affairs, acting as Agents, the United Kingdom, by R. Plender, QC, of the Bar of England and Wales instructed by J. Collins, Solicitor, acting as Agents, the Commission, by its Legal Adviser, E. Lasnet, and B. Langeheine, a member of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Dennemeyer & Co. Ltd, of the German Government, represented by A. von Winterfeld, Rechtsanwalt, Cologne, acting as Agent, of the United Kingdom and of the Commission at the hearing on 15 January 1991,

after hearing the Opinion of the Advocate General at the sitting on 21 February 1991,

gives the following

Judgment

Costs

1 Language of the case: German.