Judgment of the Court 30 November 1993

In Case C-189/91, REFERENCE to the Court under Article 177 of the EEC Treaty by the Arbeitsgericht Reutlingen (Federal Republic of Germany) for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: O. Due, President, G. F Mancini, J. C. Moitinho de Almeida and M. Diez de Velasco (Presidents of Chambers), C. N. Kakouris, M. Zuleeg and J. L. Murray, Judges, Advocate General: M. Darmon, Registrar: L. Hewlett, Administrator,

after considering the written observations submitted on behalf of: the German Government, by Ernst Röder, Ministerialrat in the Ministry of Economic Affairs, and Joachim Karl, Regierungsdirektor in that ministry, acting as Agents, the Commission of the European Communities, by Michel Nolin, of its Legal Service, assisted by Claus-Michael Happe, a national civil servant on secondment to the Commission, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Petra Kirsammer-Hack, represented by Wolfgang Däubler, Professor at the University of Bremen, and of the German Government, represented by Claus-Dieter Quassowski, Regierungsdirektor in the Ministry of Economic Affairs, and of the Commission at the hearing on 22 September 1992,

after hearing the Opinion of the Advocate General at the sitting on 25 November 1992,

gives the following

Judgment

The advantage granted to small businesses

The question of indirect discrimination against women

Costs

1 Language of the case: German.