Judgment of the Court, 25 January 1994

In Case C-212/91, REFERENCE to the Court under Article 177 of the EEC Treaty by the Verwaltungsgericht (Administrative Court) Hamburg (Federal Republic of Germany) for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: O. Due, President, J.C. Moitinho de Almeida and D.A.O. Edward (Presidents of Chambers), R. Joliet, EA. Schockweiler, G.C. Rodríguez Iglesias, F. Grévisse (Rapporteur), PJ.G. Kapteyn and J.L. Murray, Judges, Advocate General: EG. Jacobs, Registrar: L. Hewlett, Administrator,

after considering the written observations submitted on behalf of: Angelopharm GmbH, the plaintiff in the main proceedings, by Eberhard Millarg, Rechtsanwalt, Hamburg, the German Government, by Ernst Röder, Ministerialrat at the Federal Ministry of the Economy, and Joachim Karl, Regierungsdirektor at the Federal Ministry of the Economy, acting as Agents, the United Kingdom, by John Collins, Assistant Treasury Solicitor, acting as Agent, assisted by Alan F. Rodger QC, Solicitor General for Scotland, and Christopher Vajda, Barrister, the Commission of the European Communities, by Rolf Wägenbaur, Legal Adviser, acting as Agent, assisted by Barbara Rapp-Jung, of the Brussels Bar,

having regard to the Report for the Hearing,

after hearing the oral observations of Angelopharm GmbH, the United Kingdom and the Commission at the hearing on 11 May 1993,

after hearing the Opinion of the Advocate General at the sitting on 16 June 1993,

gives the following

Judgment

The validity of the Directive

The first and second questions

Costs

1 Language of the case: German.