Judgment of the Court (Fifth Chamber) 10 November 1994

In Case C-320/93, REFERENCE to the Court under Article 177 of the EEC Treaty by the Landgericht Saarbrücken, Germany, for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fifth Chamber), composed of: G. C. Rodriguez Iglesias, President of the Court acting as President of the Chamber, R. Joliét (Rapporteur), President of the Chamber, and J. C. Mortinho de Almeida, Judge, Advocate General: C. Gulmann, Registrar: H. A. Rühi, Principal Administrator,

after considering the written observations submitted on behalf of: Lucien Ortscheit GmbH, by Adalbert Kunschert, Rechtsanwalt, Saarbrücken, Eurim-Pharm Arzneimittel GmbH, by Wolfgang A. Rehmann, Rechtsanwalt, Munich, the Belgian Government, by Patrick Duray, Assistant Adviser in the Ministry of Foreign Affairs, Foreign Trade and Development Cooperation, acting as Agent, the French Government, by Helene Duchêne, Secretary for Foreign Affairs in the Directorate of Legal Affairs of the Ministry of Foreign Affairs, and Catherine de Salins, Foreign Affairs Adviser in the Directorate of Legal Affairs in that Ministry, acting as Agents, the Greek Government, by Ioannis Konstantinos Chalkias, Assistant Legal Adviser in the State Legal Service, and Christina Sitara, Legal Representative in the State Legal Service, acting as Agents, the Commission of the European Communities, by Richard Wainwright, Legal Adviser, and Angela Bardenhewer, of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Lucien Ortscheit GmbH, Eurim-Pharm Arzneimittel GmbH, the Greek Government, represented by C. Sitara and Panagiotis Kamarineas, State Legal Adviser, and the Commission at the hearing on 28 April 1994,

after hearing the Opinion of the Advocate General at the sitting on 16 June 1994,

gives the following

Judgment

The first question (Article 30 of the Treaty)

The second question (Article 36 of the Treaty)

Costs

1 Language of the case: German.