Judgment of the Court (Fourth Chamber) 12 November 1992

In Case C-123/91, REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundesgerichtshof (Federal Court of Justice) for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fourth Chamber), composed of: C. N. Kakouris, President of the Chamber, M. Diez de Velasco and P. J. G. Kapteyn, Judges, Advocate General: F. G. Jacobs, Registrar: H. A. Rühi, Principal Administrator,

after considering the written observations submitted on behalf of: Minalmet GmbH, by Ekkehart Schott, Rechtsanwalt Karlsruhe, Brandeis Limited, by Anna-Dorothea Polzer, Rechtsanwalt, Düsseldorf, the German Government, by C. Böhmer, Ministerialrat, Federal Ministry of Justice, acting as Agent, the United Kingdom, by S. Lucinda Hudson, of the Treasury Solicitor's Department, acting as Agent, the Commission, by P. van Nuffel, of its Legal Service, acting as Agent, assisted by A. Boehlke, Rechtsanwalt, Frankfurt,

having regard to the Report for the Hearing,

after hearing the oral observations of Brandeis Ltd and the Commission at the hearing on 11 June 1992,

after hearing the Opinion of the Advocate General at the sitting on 8 July 1992,

gives the following

Judgment

Costs

1 Language of the case: German.