Judgment of the Court (Fourth Chamber) 1 July 1992

In Case C-28/91, REFERENCE to the Court under Article 177 of the EEC Treaty by the Verwaltungsgericht Frankfurt am Main for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fourth Chamber), composed of: P. J. G Kapteyn, President of the Chamber, C. N. Kakouris and M. Diez de Velasco, Judges, Advocate General: G. Tesauro, Registrar: J. A. Pompe, Deputy Registrar,

after considering the written observations submitted on behalf of: Helmut Haneberg GmbH & Co. KG, by Barbara Festge, Rechtsanwalt, Hamburg; the Commission of the European Communities, by Ulrich Wölker, of its Legal Service, acting as Agent;

having regard to the Report for the Hearing,

after hearing the oral observations of Helmut Haneberg GmbH & Co. KG and the Commission at the hearing on 14 January 1992,

after hearing the Opinion of the Advocate General at the sitting on 26 February 1992,

gives the following

Judgment

Community legislation

The dispute in the main proceedings

The questions referred to the Court for a preliminary ruling

Costs

1 Language of the case: German.