61988CJ0088_EN
Parties
Operative part
Parties
In Case 88/88
REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundesverwaltungsgericht ( Federal Administrative Court ) for a preliminary ruling in the proceedings pending before that court between
REWE-Handelsgesellschaft Nord mbH
and
UEberwachungsstelle fuer Milcherzeugnisse und Handelsklassen ( Supervisory Bureau for Dairy Products and Goods Classification )
on the interpretation of the second indent of the second subparagraph of Article 3(2 ) of Council Regulation No 2967/76 of 23 November 1976 laying down common standards for the water content of frozen and deep-frozen chickens, hens and cocks ( Official Journal 1976, L 339, p . 1 ),
THE COURT ( Second Chamber )
composed of : T . F . O' Higgins, President of the Chamber, G . F . Mancini and F . A . Schockweiler, Judges,
( the grounds of the judgment are not reproduced )
in answer to the question referred to it by the Bundesverwaltungsgericht, by order of 10 December 1987, hereby rules :
Operative part
The second indent of the second subparagraph of Article 3(2 ) of Regulation No 2967/76 does not prohibit national rules under which any batch of goods from which a sample has been taken must be withheld from the market until the inspection procedure has been completed . Nevertheless, such a suspension of marketing may not exceed the time needed for an effective inspection .