Judgment of the Court (Third Chamber) 14 December 1988

In Case 269/87 REFERENCE to the Court under Article 177 of the EEC Treaty by the Bayerisches Landessozialgericht (Bavarian Higher Social Court) for a preliminary ruling in the action pending before that court between

THE COURT (Third Chamber) composed of: F. Grévisse, President of Chamber, J. C. Moitinho de Almeida and M. Zuleeg, Judges, Advocate General: W. Van Gerven Registrar: H. A. Rühl, Principal Administrator

after considering the observations submitted on behalf of Natalino Ventura, by J. Ståhlberg, Rechtsanwalt, Munich; the Landesversicherungsanstalt Schwaben, by its Director, Mr Wanders; the Italian Government, by Pier Giorgio Ferri, avvocato dello Stato, acting as Agent; the Commission, by Dimitrios Gouloussis and Jürgen Grunwald, members of its Legal Department, acting as Agents;

having regard to the Report for the Hearing and further to the hearing on 19 October 1988,

after hearing the Opinion of the Advocate General delivered at the sitting on 9 November 1988,

gives the following

Judgment

Costs

1 Language of the Case: German.