Judgment of the Court (Third Chamber) 9 December 1993

In Joined Cases C-45/92 and C-46/92, REFERENCES to the Court under Article 177 of the EEC Treaty by the Tribunal du Travail, Brussels, for a preliminary ruling in the proceedings pending before that court between

THE COURT (Third Chamber), composed of: J. C. Moitinho de Almeida, President of the Chamber, F. Grévisse and M. Zuleeg, Judges, Advocate General: C. Gulmann, Registrar: H. A. Rühi, Principal Administrator,

after considering the written observations submitted on behalf of: the plaintiff in the main proceedings in Case C-45/92, by D. Rossini, a tradeunion representative, the plaintiff in the main proceedings in Case C-46/92, by Franco Agostini, of the Rome Bar, the defendant in the main proceedings in both cases, by R. Masyn, General Administrator in the Office National des Pensions, the Commission of the European Communities, by Marie Wolfcarius, of its Legal Service, acting as Agent, assisted by Théophile Margellos, a national civil servant on secondment to the Legal Service of the Commission,

having regard to the Report for the Hearing,

after hearing the oral observations of the plaintiff in Case C-46/92 and of the Commission at the hearing on 12 November 1992,

after hearing the Opinion of the Advocate General at the sitting on 16 February 1993,

gives the following

Judgment

First question

Second question

Third question

Costs

1 Language of the case. French.