Judgment of the Court (Second Chamber) 28 April 1994

In Case C-305/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the Sozialgericht (Social Court), Münster, Federal Republic of Germany, for a preliminary ruling in the proceedings pending before that court between

THE COURT (Second Chamber), composed of: C. N. Kakouris, acting as President of the Second Chamber, F. A. Schockweiler and J. L. Murray (Rapporteur), Judges, Advocate General: G. Tesauro, Registrar: H. A. Rühl, Principal Administrator,

after considering the written observations submitted on behalf of: A. Hoorn, in person, and by C. Schaeder, lawyer, Moers, Germany, the German Government, by E. Röder, Ministerialrat at the Federal Ministry of the Economy, acting as Agent, the Netherlands Government, by A. Bos, legal adviser at the Ministry of Foreign Affairs, acting as Agent, the Commission of the European Communities, by D. Gouloussis, legal adviser, and R. Hayder, a member of the Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of A. Hoorn, the German Government, the Netherlands Government, represented by T. Heukels, Deputy Legal Adviser at the Ministry of Foreign Affairs, acting as Agent, and the Commission of the European Communities, represented by D. Gouloussis, assisted by H. Kreppel, German official seconded to the Commission's Legal Service, acting as Agents, at the hearing on 24 June 1993,

after hearing the Opinion of the Advocate General at the sitting on 14 July 1993,

gives the following

Judgment

Discrimination between Netherlands nationals and German nationals compelled to perform forced labour

Annex HI A. Provisions of social security conventions remaining applicable notwithstanding Article 6 of the Regulation (Article 7(2)(c) of the Regulation)

Discrimination as between two categories of Netherlands nationals

Article 8 of Regulation No 1408/71

Costs

1 Language of the case: German.