Judgment of the Court (Fifth Chamber) 7 December 1993

In Case C-339/92 REFERENCE to the Court under Article 177 of the EEC Treaty by the Verwaltungsgericht Frankfurt am Main (Federal Republic of Germany) for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fifth Chamber), composed of: J. C. Moitinho de Almeida, President of the Chamber, R. Joliét and G. C. Rodriguez Iglesias, Judges, Advocate General: G. Tesauro, Registrar: L. Hewlett, Administrator,

after considering the written observations submitted on behalf of: ADM Ölmühlen, the plaintiff in the main proceedings, by Gerhard Limberger, of the Frankfurt am Main Bar, the Council of the European Communities, by Bernard Schloh, Legal Adviser, acting as Agent, the Commission of the European Communities, by Ulrich Wölker, of its Legal Service, acting as Agent, assisted by Walter Grupp of the Brussels Bar,

having regard to the Report for the Hearing,

after hearing the oral observations of ADM Ölmühlen, represented by Thomas Tschentscher, of the Frankfurt am Main Bar, the Council and the Commission, at the hearing on 1 July 1993,

after hearing the Opinion of the Advocate General at the sitting on 15 July 1993,

gives the following

Judgment

Costs

1 Language of the case: German.