Judgment of the Court 9 August 1994

In Case C-51/93, REFERENCE to the Court under Article 177 of the EEC Treaty by the Rechtbank van koophandel, Bruges, for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: O. Due, President, G. F. Mancini (Rapporteur) (President of Chamber), C. N. Kakouris, F. A. Schockweiler, G. C. Rodríguez Iglesias, P. J. G. Kapteyn and J. L. Murray, Judges, Advocate General: C. Gulmann, Registrar: D. Louterman-Hubeau, Principal Administrator,

after considering the written observations submitted on behalf of: Schott Zwiesel Glaswerke AG, by Peter Klima, Rechtsanwalt of Munich and of the Paris Bar, and Mr Wulf-Rudiger Sefzig, Rechtsanwalt of Frankfurt, the German Government, by Ernst Röder, Ministerialrat at the Federal Ministry of the Economy, and Claus-Dieter Quassowski, Regierungsdirektor in that Ministry, acting as Agents, the French Government, by Philippe Pouzoulet, Deputy Director in the Legal Affairs Directorate of the Ministry of Foreign Affairs, acting as Agent, and Jean-Louis Falconi, Foreign Affairs Secretary, acting as Deputy Agent, the Council of the European Union, by Jill Aussant, Adviser in the Legal Service, and Hessel Daalder, of the Legal Service, acting as Agents, the Commission of the European Communities, by Hendrik van Lier, Legal Adviser, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of Schott Zwiesel Glaswerke AG, the French Government, represented by H. Duchêne, Foreign Affairs Secretary at the Legal Affairs Directorate of the Ministry of Foreign Affairs, acting as Agent, the Council and the Commission at the hearing on 8 February 1994,

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

gives the following

Judgment

Question 1

Question 2

Costs

1 Language of the case: Dutch.