Milchfutter GmbH & Co. KG v Hauptzollamt de Gronau (5/78)

III —Oral procedure

Milchfutter, the plaintiff in the main action, represented by Dietrich Ehle, Advocate of the Cologne Bar, and the Commission, represented by its Legal Adviser, Peter Kalbe, presented oral argument at the hearing on 11 May 1978.In the view of Milchfutter account must be taken, with regard to the dispute in the main action, of the judgment of the Court of Justice of 3 May 1978 in Case 131/77 (Milac), where it was ruled that Article 1 of Regulation No 539/75 is invalid in so far as it fixes compensatory amounts in respect of trade in powdered whey; it follows, at the least, that the higher lactose content of powdered whey cannot be taken into consideration for the tariff classification of compound feeding-stuffs containing milk powder.The Advocate General delivered his opinion at the hearing on 15 June 1978.