Judgment of the Court (Second Chamber) 1 February 1994

In Case C-374/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the Hessischer Verwaltungsgerichtshof (Federal Republic of Germany) for a preliminary ruling in the proceedings pending before that court between

THE COURT (Second Chamber), composed of: G. F. Mancini, President of the Chamber, F. A. Schockweiler and J. L. Murray (Rapporteur), Judges, advocate General: C. Gulmann, Registrar: H. Von Holstein, Deputy Registrar,

after considering the written observations submitted on behalf of: the plaintiff in the main proceedings, by Volker Schiller, Rechtsanwalt, Cologne, the Commission of the European Communities, by Ulrich Wölker, a member of its Legal Service, acting as Agent, assisted by Georg M. Berrisch, of the Brussels Bar,

having regard to the Report for the Hearing,

after hearing the oral observations of the plaintiff in the main proceedings and the Commission of the European Communities at the hearing on 30 September 1993,

after hearing the Opinion of the Advocate General at the sitting on 27 October 1993,

gives the following

Judgment

Costs

1 Language of the case: German.