Judgment of the Court (First Chamber) 28 April 1994

In Joined Cases C-433/92 and C-434/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundesverwaltungsgericht (Germany) for a preliminary ruling in the proceedings pending before that court between

THE COURT (First Chamber), composed of: D. A. O. Edward, President of the Chamber (Rapporteur), R. Joliet and G. C. Rodríguez Iglesias, Judges, Advocate General: M. Darmon, Registrar: H. A. Rühl, Principal Administrator,

after considering the written observations submitted on behalf of: Vinzenz Murr GmbH, by Andreas Reiners, of the Munich Bar, the Commission of the European Communities, by Ulrich Wölker, of its Legal Service, acting as Agent, assisted by Hans-Jürgen Rabe and Georg M. Berrisch, of Schön Nolte Finkeinburg & Clemm, Brussels and Hamburg,

having regard to the Report for the Hearing,

after hearing the oral observations of Otto Frick GmbH, represented by Karl-Chr. Scheel of the Flensburg Bar, of Vinzenz Murr GmbH and of the Commission, at the hearing on 13 January 1994,

after hearing the Opinion of the Advocate General at the sitting on 24 February 1994,

gives the following

Judgment

The facts in Case C-433/92

The facts in Case C-434/92

Joinder of Cases C-433/92 and C-434/92

The questions specific to Case C-434/92

Question 1

Question 2

Question 3

Question 4

The question common to both cases

Costs

1 Language of the case: German.