Judgment of the Court (First Chamber) 18 May 1989

In Case 368/87 REFERENCE to the Court under Article 177 of the EEC Treaty by the German Bundessozialgericht (Federal Social Court) for a preliminary ruling in the proceedings pending before that court between

THE COURT (First Chamber), composed of: R. Joliet, President of Chamber, Sir Gordon Slynn and G. C. Rodriguez Iglesias, Judges, Advocate General: F. G. Jacobs Registrar: J. A. Pompe, Deputy Registrar

after considering the observations submitted on behalf of: Mrs Hartmann Troiani, the plaintiff in the main proceedings, by K. Leingärtner, of the Legal Department of the Deutscher Gewerkschaftsbund (German Federation of Trade Unions), the Commission of the European Communities, by its Agent, I. Pernice,

having regard to the Report for the Hearing and further to the hearing on 14 February 1989,

after hearing the Opinion of the Advocate General delivered at the sitting on 22 February 1989,

gives the following

Judgment

The first question

The second question

Costs

1 Language of the case: German.