JUDGMENT OF 11. 3. 1965—CASE 33/64 BETRIEBSKRANKENKASSE HESEPER TORFWERK v KOSTER

In Case 33/64 Reference to the Court under Article 177 of the EEC Treaty by the Arrondissementsrechtbank, Assen (Netherlands), for a preliminary ruling in the action pending before that court between

THE COURT composed of: Ch. L. Hammes, President, A. M. Donner and R. Lecourt, Presidents of Chambers, L. Delvaux, A. Trabucchi, W. Strauß (Rapporteur) and R. Monaco, Judges, Advocate-General: J. Gand Registrar: A. Van Houtte

gives the following

JUDGMENT

Issues of fact and of law

I — Questions submitted to the Court

II — Procedure

III — Observations submitted in accordance with Article 20 of the Protocol on the Statute of the Court of Justice of the EEC

1. Observations of the plaintiff in the main action

A— As to the first question

B — As to the second question

2. Observations of the Government of the French Republic

3. Observations of the Commission

A — As to the first question

B — As to the second question

(a) Preliminary observations

(b) As Jo the first subdivision of the question

(c) As to the second subdivision of the question

Grounds of judgment

I — On the first question

II — On the second question

III — Costs