Judgment of the Court (Fifth Chamber) 13 December 1989

In Case C-102/88 REFERENCE to the Court under Article 177 of the EEC Treaty from the Raad van Beroep (Social Security Court), Groningen, for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fifth Chamber) composed of: Sir Gordon Slynn, President of Chamber, M. Zuleeg, R. Joliet, J. C. Moitinho de Almeida and G. C. Rodríguez Iglesias, Judges, Advocate General: M. Darmon Registrar: D. Louterman, Principal Administrator

after considering the observations submitted on behalf of M. L. Ruzius-Wilbrink, by B. I. Klaassens, of the Groningen Bar, the Bestuur van de Bedrijfsvereniging voor Overheidsdiensten, by W. M. Levelt-Overmars, Head of the Legal Department for Social Security Matters of the Gemeenschappelijk Administratiekantoor, acting as Agent, the Netherlands Government, by E. F. Jacobs, Secretary-General in the Ministry of Foreign Affairs, acting as Agent, the Commission of the European Communities, by René Barents and Julian Currall, members of its Legal Department, acting as Agents,

having regard to the Report for the Hearing and after hearing oral argument presented on behalf of the plaintiff in the main proceedings, the defendant in the main proceedings, represented by W. J. van Brussel, acting as Agent, the Netherlands Government, represented by J. W. de Zwaan, acting as Agent, and the Commission of the European Communities at the hearing on 15 June 1989,

after hearing the Opinion of the Advocate General delivered at the sitting on 5 July 1989,

gives the following

Judgment

Costs

1 Language of the case: Dutch.