Judgment of the Court (Fifth Chamber) 2 June 1994

In Case C-428/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the Østre Landsret, Denmark, 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, D. A. O. Edward, G. C. Rodríguez Iglesias, F. Grévisse (Rapporteur) and M. Zuleeg, Judges, Advocate General: C. O. Lenz, Registrar: H. A. Rühl, Principal Administrator,

after considering the written observations submitted on behalf of: the defendant in the main proceedings, by Mikael Rosenmejer, of the Copenhagen Bar, the German Government, by Ernst Röder, Ministerialrat in the Federal Ministry of the Economy, and Claus-Dieter Quassowski, Regierungsdirektor in that ministry, acting as agents, the Greek Government, by Vasileios Kontolaimos, Deputy Legal Adviser in the State Legal Service, and Ioannis Chalkias, legal representative of the State Legal Service, acting as Agents, the Commission of the European Communities, by Anders Christian Jessen and Maria Patakia, of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of the plaintiff in the main proceedings, represented by Jeffrey P. Galmond, of the Copenhagen Bar, the defendant in the main proceedings, the Greek Government and the Commission, represented by Dimitrios Gouloussis, Legal Adviser, and Anders Christian Jessen, acting as Agents, at the hearing on 3 March 1994,

after hearing the Opinion of the Advocate General at the sitting on 14 April 1994,

gives the following

Judgment

Costs

1 Language of the case: Danish.