Judgment of the Court (Second Chamber) 18 February 1993

In Case C-218/91, REFERENCE to the Court under Article 177 of the EEC Treaty by the Bayerisches Landessozialgericht for a preliminary ruling in the proceedings pending before that court between

THE COURT (Second Chamber), composed of: J. L. Murray, President of the Chamber, G. F. Mancini and F. A. Schockweiler, Judges, Advocate General: W. Van Gerven, Registrar: L. Hewlett, Administrator,

after considering the written observations submitted on behalf of: Miriam Gobbis, by Luciano Fazi, Sozialsekretär of the Patronato ACLI at Augsbourg, the Landesversicherungsanstalt Schwaben, by Werner Bos, Erster Direktor of the Landesversicherungsanstalt Schwaben, at Augsbourg, the Government of the Federal Republic of Germany, by Ernst Röder, Ministerialrat at the Federal Ministry for Economic Affairs, and Joachim Karl, Regierungsdirektor with the same Ministry, acting as Agents, the Government of the Italian Republic, by Professor Luigi Ferrari Bravo, acting as Agent, assisted by Francesco Guicciardi, Avvocato dello Stato, the Government of the Portuguese Republic, by Luis Fernandes, and Sebastião Pizarro, acting as Agents, the Commission of the European Communities, by Dimitrios Gouloussis, Legal Adviser, assisted by Roberto Hayder, of the Commission's Legal Service in Luxembourg, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Miriam Gobbis, the Landesversicherungsanstalt Schwaben, represented by Spies, Regierungsdirektor, the Portuguese Government and the Commission, at the hearing on 18 November 1992,

after hearing the Opinion of the Advocate General at the sitting on 26 November 1992,

gives the following

Judgment

Costs

1 Language of the case: German.