Judgment of the Court (Sixth Chamber) 5 July 1988

In Case 21/87 REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundessozialgericht (Federal Social Court) for a preliminary ruling in the proceedings pending before that court between

THE COURT (Sixth Chamber) composed of: O. Due, President of the Chamber, T. Koopmans, K. Bahlmann, C. Kakouris and T. F. O'Higgins, Judges, Advocate General: Sir Gordon Slynn Registrar: D. Louterman, Administrator

after considering the observations submitted on behalf of the Commission of the European Communities, by Jürgen Grunwald, a member of its Legal Department, acting as Agent, the Government of the Federal Republic of Germany, represented in the written procedure by Alfred Dittrich, Oberregierungsrat, and in the oral procedure by Martin Seidel, Ministerialrat, both of the Federal Ministry for Economic Affairs, the United Kingdom of Great Britain and of Northern Ireland, by H. R. L. Purse, of the Treasury Solicitor's Department, Queen Anne's Chambers, acting as Agent, the Bundesversicherungsanstalt für Angestellte, by Tilo Herrmann, acting as Agent,

having regard to the Report for the Hearing and further to the hearing on 11 February 1988,

after hearing the Opinion of the Advocate General delivered at the sitting on 19 April 1988,

gives the following

Judgment

Costs

1 Language of the Case: German.