Judgment of the Court (Fourth Chamber) 2 August 1993

In Case C-87/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundesgerichtshof 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, Diez de Velasco and P. J. G. Kapteyn, Judges, Advocate General: M. Darmon, Registrar: L. Hewlett, Administrator,

after considering the written observations submitted on behalf of: Hoche GmbH, by Cornelia Kienlein, Rechtsanwältin, Nürnberg, the Bundesanstalt für landwirtschaftliche Marktordnung, by Hinrich Thieme, Rechtsanwalt, Frankfurt am Main, the Commission of the European Communities, by Peter Gilsdorf, Principal Legal Adviser, and Dierk Booss, Legal Adviser, acting as Agents, assisted by Walter G. Grupp, of the Brussels Bar,

having regard to the Report for the Hearing,

after hearing the oral observations of Hoche GmbH and the Commission of the European Communities, at the hearing on 4 March 1993,

after hearing the Opinion of the Advocate General at the sitting on 22 April 1993,

gives the following

Judgment

The first question

The second question

The third question

Costs

1 Language of the case: German.