Judgment of the Court (Fifth Chamber) 13 January 1994

In Case C-376/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the Oberlandesgericht (Higher Regional Court) Düsseldorf (Federal Republic of Germany) for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fifth Chamber), composed of: J.C. Mortinho de Almeida, President of the Chamber, D.A.O. Edward, R. Joliet (Rapporteur), G.C. Rodríguez Iglesias and F. Grévisse, Judges, Advocate General: G. Tesauro, Registrar: H.A. Rühl, Principal Administrator,

after considering the written observations submitted on behalf of: Metro SB-Großmärkte GmbH & Co. KG, by H. Wissel, of the Düsseldorf Bar, Cartier SA, by W. Tilmann, of the Düsseldorf Bar, the Greek Government, by D. Raptis, State Legal Adviser, acting as Agent, the French Government, by P. Pouzoulet, Deputy Director in the Legal Affairs Department of the Ministry of Foreign Affairs, and H. Duchêne, Secretary for Foreign Affairs at the same Ministry, acting as Agents, the Commission of the European Communities, by B. Langeheine, a member of the Legal Service, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of Metro SB-Großmärkte GmbH & Co. KG, Cartier SA, the French Government and the Commission, represented by Götz zur Hausen, Legal Adviser, acting as Agent, at the hearing on 23 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.