Judgment of the Court 13 December 1994

In Case C-306/93, REFERENCE to the Court under Article 177 of the EEC Treaty by the Verwaltungsgericht Mainz (Germany) for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: G. C. Rodriguez Iglesias, President, FA. Schockweiler and P.J. G. Kapteyn (Presidents of Chambers), G. F. Mancini, C.N. Kakouris, J. C. Moitinho de Almeida and J. L. Murray (Rapporteur), Judges, Advocate General: C. Gulmann, Registrar: H. A. Rühi, Principal Administrator,

after considering the written observations submitted on behalf of: SMW Winzersekt GmbH, by Gert Meier, Rechtsanwalt, Cologne, the French Government, by Jean-Louis Falconi, Secretary for Foreign Affairs in the Legal-Affairs Directorate of the Ministry of Foreign Affairs, and Catherine de Salins, Adviser for Foreign Affairs at the same Ministry, acting as Agents, the Council of the European Union, by Bernhard Schloh and Arthur Bräutigam, Legal Advisers, acting as Agents, the Commission of the European Communities, by Ulrich Wölker, of its Legal Service, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of SMW Winzersekt GmbH, the French Government, the Council of the European Union and the Commission of the European Communities at the hearing on 7 June 1994,

after hearing the Opinion of the Advocate General at the sitting on 13 July 1994,

gives the following

Judgment

Admissibility of the question submitted

Substance

The rìght to property and the freedom to pursue a trade or profession

The general principle of equal treatment

Costs

1 Language of the case: German.