Judgment of the Court (First Chamber) 11 July 1985

In Case 261/84 REFERENCE to the Court under Article 1 77 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 (First Chamber) composed of: G. Bosco, President, R. Joliét and T. F. O'Higgins, Judges, Advocate General: P. VerLoren van Themaat Registrar: H.A. Rühl, Principal Administrator

after considering the observations submitted on behalf of: Calogero Scaletta, the appellant in the main action, represented by D. Rossini, trade union representative, the Commission of the European Communities, represented by J. Griesmar, a member of its Legal Department, acting as Agent,

after hearing the Opinion of the Advocate General delivered at the sitting on 6 June 1985,

gives the following

JUDGMENT

Decision

The first question

The second question

Costs

1 Language of the Case: French.