Judgment of the Court (Fifth Chamber) 29 June 1988

In Case 58/87 REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundessozialgericht for a preliminary ruling in the proceedings pending before that Court between

THE COURT (Fifth Chamber), composed of: G. Bosco, President of Chamber, U. Everling, Y. Galmot, R. Joliet and F. Schockweiler, Judges, Advocate General: G. F. Mancini Registrar: H. A. Rühi, Principal Administrator

after considering the observations submitted on behalf of the Bundesversicherungsanstalt für Angestellte, the defendant in the main proceedings, by Tilo Herrmann; the Government of Italy, by Pier Giorgio Ferri; the Netherlands Government, by E. F. Jacobs; the Commission of the European Communities, by Jürgen Grunwald;

having regard to the Report for the Hearing and further to the hearing on 10 February 1988,

after hearing the Opinion of the Advocate General delivered at the sitting on 5 May 1988,

gives the following

Judgment

Costs

1 Language of the Case: German.