Judgment of the Court 27 October 1993

In Case C-72/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the Verwaltungsgericht (Administrative Court), Frankfurt am Main, for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: O. Due, President, G. F. Mancini, J. C. Moitinho de Almeida, M. Diez de Velasco and D. A. O. Edward (Presidents of Chambers), C. N. Kakouris, R. Joliet, F. A. Schockweiler, G. C. Rodríguez Iglesias, F. Grévisse and M. Zuleeg, Judges, Advocate General: G. Tesauro Registrar: H. von Holstein, Deputy Registrar,

after considering the written observations submitted on behalf of: Herbert Scharbatke GmbH, by Lutz Liebenau, of the Ladenburg Bar, the Federal Republic of Germany, by Ernst Röder, Ministerialrat in the Federal Ministry of Economic Affairs, acting as Agent, the Commission of the European Communities, by Richard Wainwright, Legal Adviser, and Angela Bardenhewer, of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Herbert Scharbatke GmbH, the Federal Republic of Germany and the Commission at the hearing on 20 April 1993,

after hearing the Opinion of the Advocate General at the sitting on 18 May 1993,

gives the following

Judgment

Articles 9, 12 and 95 of the Treaty

Article 92 et seq. of the Treaty

Costs

1 Language of the case: German.