Judgment of the Court (Fifth Chamber) 16 December 1993

In Case C-28/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the Sozialgericht Reutlingen, Germany, for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fifth Chamber), composed of: J. C. Moitinho de Almeida, President of the Chamber, R. Joliét and G. C. Rodriguez Iglesias, Judges, Advocate General: F. G. Jacobs, Registrar: H. A. Rühi, Principal Administrator,

after considering the written observations submitted on behalf of: the defendant in the main proceedings, by Tilo Hermann, Principal Director of Administration in the Bundesversicherungsanstalt für Angestellte, the German Government, by Ernst Röder, Ministerialrat in the Federal Ministry for Economic Affairs, and Claus-Dieter Quassowksi, Regierungsdirektor in the same ministry, acting as Agents, the Commission of the European Communities, by Maria Patakia, of its Legal Service, acting as Agent, assisted by Bernd Schulte, of the Max-Planck-Institut für ausländisches und internationales Sozialrecht, Munich,

having regard to the Report for the Hearing,

after hearing the oral observations of the German Government and the Commission, represented by Dimitrios Gouloussis, Legal Adviser, acting as Agent, assisted by Bernd Schulte, at the hearing on 11 March 1993,

after hearing the Opinion of the Advocate General at the sitting on 22 April 1993,

gives the following

Judgment

Applicability of Regulation No 1408/71

Article 3 of Regulation No 1408/71

Articles 9, 10(2) and 13(2)(d) of Regulation No 1408/71

Costs

1 Language of the case: German.