Judgment of the Court (Fifth Chamber) 4 June 1985

In Case 117/84 REFERENCE to the Court under Article 177 of the EEC Treaty by the Cour du travail [Labour Court], Mons, for a preliminary ruling in the action pending before that court between

THE COURT (Fifth Chamber) composed of: O. Due, President of Chamber, C. Kakouris, U. Everling, Y. Galmot and R. Joliét, Judges, Advocate General: M. Darmon Registrar: D. Louterman, Administrator

after considering the observations submitted on behalf of: the appellant in the main proceedings, by A. Marcel, assistant general director, and by Jean Peitot, acting as Agent, the respondent in the main proceedings, by D. Rossini, a trade union representative, the Commission of the European Communities, by M. Beschel, a member of its Legal Department, assisted by F. Herbert, of the Brussels Bar, the Government of the Italian Republic, by P. G. Ferri, Avvocato dello Stato, the Belgian Government, by P. Mainil, State Secretary for Pensions, and by G. Perl, acting as Agent,

after hearing the Opinion of the Advocate General delivered at the sitting on 5 March 1985,

gives the following

JUDGMENT

Decision

Costs

1 Language of the Case: French.