Judgment of the Court 26 May 1993

In Case C-171/91, REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundesverwaltungsgericht for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: O. Due, President, C. N. Kakouris, G. C. Rodríguez Iglesias, M. Zuleeg and J, L. Murray (Presidents of Chambers), G. F. Mancini, R. Joliet, F. A. Schockweiier, J. C. Moitinho de Almeida, F. Grévisse and P. J. G. Kapteyn, Judges, Advocate General: M. Darmon, Registrar: H. A. Rühl, Principal Administrator,

after considering the written observations submitted on behalf of: Dimitrios Tsiotras, by Rolf Gutmann, Rechtsanwalt, Stuttgart, the German Government, by Ernst Röder, Ministerialrat at the Federal Ministry for Economic Affairs, and Joachim Karl, Regierungsdirektor at the said Ministry, acting as Agents, the Greek Government, by Vasileios Kontolaimos, State Legal Adviser, acting as Agent, the Commission of the European Communities, by its Legal Adviser, Dimitrios Gouloussis, and Jürgen Grunwald, of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations submitted on behalf of Dimitrios Tsiotras, the German Government, represented by Claus-Dieter Quassowski, Regierungsdirektor at the Federal Ministry for Economic Affairs, acting as Agent, the Greek Government and the Commission at the hearing on 14 October 1992,

after hearing the Opinion of the Advocate General at the sitting on 2 December 1992,

gives the following

Judgment

Question 1

Question 2

Costs

1 Language of the case: German.