Judgment of the Court (Third Chamber) 10 January 1992

In Case C-177/90, reference to the Court under Article 177 of the EEC Treaty by the Oberverwaltungsgericht für die Länder Niedersachsen und Schleswig-Holstein (Higher Administrative Court for the Länder of Lower Saxony and Schleswig-Holstein) for a preliminary ruling in the proceedings pending before that court between

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

after considering the written observations submitted on behalf of: Ralf-Herbert Kühn, by Bernd Meisterernst, Rechtsanwalt, Münster, the Landwirtschaftskammer Weser-Ems, by its Director, the Council of the European Communities, by Guus Houttuin, an administrator in its Legal Service, acting as Agent, the Commission of the European Communities, by Dierk Booss, Legal Adviser, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of Ralf-Herbert Kühn, the Commission and the Council at the hearing on 11 July 1991,

after hearing the Opinion of the Advocate General at the sitting on 26 September 1991,

gives the following

Judgment

The first question

Hie second question

Costs

1 Language of lhe case: German.