Judgment of the Court (Third Chamber) 9 July 1992

In Case C-236/90, REFERENCE to the Court under Article 177 of the EEC Treaty from the Bayerisches Verwaltungsgericht Regensburg for a preliminary ruling in the proceedings pending before that court between

THE COURT (Third Chamber), composed of: F. Grévisse, President of the Chamber, J. C. Moitinho de Almeida and M. Zuleeg, Judges, Advocate General: C. O. Lenz, Registrar: D. Triantafyllou, Administrator,

after considering the written observations submitted on behalf of: Reinhard Maier, by Auer and Associates, Rechtsanwälte, Regensburg, Freistaat Bayern, by Walter Rzepka, Generallandesanwalt, 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 Freistaat Bayern, represented by Rainer Leptihn, Oberlandesanwalt, and the Commission at the hearing on 4 February 1992,

after hearing the Opinion of the Advocate General at the sitting on 27 February 1992,

gives the following

Judgment

First question

Second question

Costs

1 Language of the case: German.