Judgment of the Court 28 September 1994

In Case C-408/92, REFERENCE to the Court under Article 177 of the EEC Treaty by the Bedford Industrial Tribunal (United Kingdom) for a preliminary ruling in the proceedings pending before that court between

THE COURT, composed of: O. Due, President, G. E Mancini (Rapporteur), J. C. Moitinho de Almeida and M. Diez de Velasco (Presidents of Chambers), R. Joliét, F. A. Schockweiler, G. C. Rodríguez Iglesias, F. Grévisse, M. Zuleeg, P. J. G. Kapteyn and J. L. Murray, Judges, Advocate General: W. Van Gerven, Registrar: L. Hewlett, Administrator,

after considering the written observations submitted on behalf of: Mrs Smith and the other applicants in the main proceedings, by Vereena Jones, Equal Opportunities Commission, and by the Honourable Michael J. Beloff QC and Clive Lewis, Barrister, Avdel Systems Limited, by P. J. Martin, Engineering Employers' Federation, and by David Pannick QC, the United Kingdom, by John E. Collins, Assistant Treasury Solicitor, acting as Agent, and by Stephen Richards and Nicholas Paines, Barristers, the German Government, by Ernst Röder, Ministerialrat at the Federal Ministry of Economic Affairs, and Claus-Dieter Quassowski, Regierungsdirektor at the same Ministry, acting as Agents, the Commission of the European Communities, by Karen Banks, of its Legal Service, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of Mrs Smith and the other applicants in the main proceedings, Avdel Systems Limited, the Netherlands Government, represented by J. W. de Zwaan, Deputy Legal Adviser to the Ministry of Foreign Affairs, acting as Agent, the United Kingdom and the Commission at the hearing on 15 March 1994,

after hearing the Opinion of the Advocate General at the sitting on 4 May 1994,

gives the following

Judgment

The first question

The second question

The third question

Costs

1 Language of the case: English.