Judgment of the Court 28 November 1991

In Case C-186/90, REFERENCE to the Court under Article 177 of the EEC Treaty by the Corte Suprema di Cassazione (Supreme Court of Cassation) for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: O. Due, President, R. Joliét, F. A. Schockweiler and F. Grévisse, (Presidents of Chambers), G. F. Mancini, J. C. Moitinho de Almeida and G. C. Rodríguez Iglesias, Judges, Advocate General: W. Van Gerven, Registrar: H. A. Rühi, Principal Administrator,

after considering the written observations submitted on behalf of: the Istituto Nazionale della Previdenza Sociale, by Giuseppe Li Marzi, Giacomo Giordano and Giuseppe Pabiani (advocates authorized to practise before the courts of cassation) the Commission of the European Communities, by Maria Patakia and Guido Berardis, members of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of the Commission at the hearing on 4 July 1991,

after hearing the Opinion of the Advocate General at the sitting on 17 September 1991,

gives the following

Judgment

Jurisdiction

Substance

Costs

1 Language of the case: Italian.