Judgment of the Court (Sixth Chamber) 22 June 1994

In Case C-426/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundesverwaltungsgericht for a preliminary ruling in the proceedings pending before that court between

THE COURT (Sixth Chamber), composed of: G. F. Mancini, President of the Chamber, M. Diez de Velasco (Rapporteur), C. N. Kakouris, F. A. Schockweiler and P. J. G. Kapteyn, Judges, Advocate General: M. Darmon, Registrar: H. A. Rühl, Principal Administrator,

after considering the written observations submitted on behalf of: the Federal Republic of Germany, by Thomas Tschentscher, Rechtsanwalt, Frankfurt am Main, Deutsches Milch-Kontor GmbH, by Barbara Festge, Rechtsanwältin, Hamburg, the Commission of the European Communities, by Ulrich Wölker, of the Legal Service, acting as Agent, assisted by Georg M. Berrisch and Hans-Jürgen Rabe, of the Brussels and Hamburg Bars,

having regard to the Report for the Hearing,

after hearing the oral observations of the Federal Republic of Germany, represented by Thomas Tschentscher, assisted by Karl-Wolfgang Komarek, expert, of Deutsches Milch-Kontor GmbH and of the Commission at the hearing on 10 February 1994,

after hearing the Opinion of the Advocate General at the sitting on 21 April 1994,

gives the following

Judgment

The first and second questions

The third question

Costs

1 Language of the case: German.