Judgment of the Court 5 October 1994

In Case C-400/92,

THE COURT, composed of: O. Due, President, J. C. Moitinho de Almeida and M. Diez de Velasco (Presidents of Chambers), C. N. Kakouris, F. A. Schockweiler, F. Grévisse, M. Zuleeg, P. J. G. Kapteyn (Rapporteur) and J. L. Murray, Judges, Advocate General: M. Darmon, Registrar: H. A. Rühi, Principal Administrator,

having regard to the Report for the Hearing,

after hearing oral argument from the parties at the hearing on 3 May 1994, at which the Commission was represented by Jürgen Grunwald, of its Legal Service, acting as Agent,

after hearing the Opinion of the Advocate General at the sitting on 15 June 1994,

gives the following

Judgment

Article 1 of the Decision

Articles 2 and 3 of the Decision

The alleged breach of Article 92(3)(d) of the Treaty and Article 4(7) of the Directive

The alleged error of assessment

The alleged infringements of the principles of equal treatment, the protection of legitimate expectations and the right to a fair hearing

Costs

1 Language of the case: German.